CLA-2-39:OT:RR:E:NC:N2:222
Mr. Troy D Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301
RE: The tariff classification of a plastic nasal aspirator with ear syringe from China
Dear Mr. Crago:
In your letter dated April 28, 2008 you requested a tariff classification ruling.
The submitted illustration is identified as a Nasal Aspirator, with Ear Syringe, item number A003EA00859. By weight, 90% of this item is made of polypropylene (PP) plastic material and 10% of this item is made of silicone plastic material. It consists of a plastic bulb, with two attachments and a cover, packaged together for retail sale. One attachment provides the item with the ability to act as a nasal aspirator and the other attachment provides the item with the ability to act as an ear syringe. The nasal aspirator attachment is already in place at the top of the bulb when imported in the retail package and the ear syringe attachment is included as an additional attachment. The protective cover is a cap that will snap over either attachment when in place at the top of the bulb.
This item is designed to be used primarily on infants. You have stated in a telephone conversation with this office that this item is not designed to be filled with a liquid. When in use, the parent will squeeze the bulb, thereby expelling the air with which it is filled. When the bulb is released, a suction is created that can be used to clean the infant’s nostrils or ears, depending on which attachment is used.
When either attachment is in place, the approximate measurement of the bulb with attachment is 1.73 inches in width and 3.35 inches in length. You have stated in a telephone conversation with this office that each attachment measures approximately 0.91 inches in width and 1.69 inches in length when measured separately from the bulb. The cover measures 0.87 inches in width and 1.34 inches in length.
The applicable subheading for item number A003EA00859 will be 3926.90.2100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: other: …syringes (other than hypodermic syringes) and fittings therefor, not in part of glass or metal. The duty rate will be 4.2 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Gary Kalus at 646-733-3055.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division