CLA-2-39:OT:RR:NC:N4:421
Mr. Patrick Hennessey
Bensussen Deutsch & Associates
15525 Woodinville Redmond Rd NE
Woodinville, WA 98072
RE: The tariff classification of a medication storage container from China
Dear Mr. Hennessey:
In your letter dated September 16, 2013, you requested a tariff classification ruling.
The sample provided with your letter is described as an injection pen case or Forteo storage case. It is used to store a delivery device filled with Forteo injectable medication and needle cartridges used for the administration of the drug. The case is molded of plastic and measures approximately 7 inches by 3 inches by 3 inches. It does not have a handle or strap and is not designed for travel. The interior incorporates a large slot for the injection pen and smaller slots for the needle cartridges. The term “pen” is used to describe the shape of the device that administers the injection. The function of the case is to hold the Forteo drug and needles and to allow the user to track the doses of the drug taken during treatment. The case incorporates 26 plastic tabs that are designed to be snapped to track each 28 day course of treatment. Since the medication cannot be used for more than 24 months in a patient’s lifetime, the tabs are important to record the patient’s total usage of the drug. The case is imported empty. Seven slots labeled with the days of the week are used to organize a week’s worth of disposable needles. Extra needles can be stored in a large compartment behind the tabs. The Forteo website indicates that the medication will spoil if not kept cool and that the case with the prefilled injector pen should be kept in a refrigerator. The sample is being returned as you requested.
You suggest classification of the Forteo storage case in heading 9018 of the Harmonized Tariff Schedule of the United States (HTSUS), as an accessory to an instrument and appliance used in medical and surgical sciences. The case is not used solely or principally to house an empty injector pen, which is classified in 9018.39.00, HTSUS. Rather, it is used to house the injectable medication within its dispensing injector pen. The pen is not purchased empty, but is always supplied in a prefilled form. Since the pen filled with medication is not classified in heading 9018, HTSUS, the accessory for the pen filled with medication cannot be classified as an accessory for a good of heading 9018. There is no tariff provision for accessories for the injectable medication.
The applicable subheading for the Forteo storage/tracking box will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other. The rate of duty will be 5.3 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 Joan Mazzola at (646) 733-3023.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division