CLA-2-39:OT:RR:NC:N4:415
Donald Stein
Greenberg Traurig, LLP
2101 L Street, Northwest
Washington, DC 20037
RE: The tariff classification of a locking medicine container from China.
Dear Mr. Stein:
In your letter dated July 30, 2025, you requested a tariff classification ruling on behalf of your client, Safe
RX.
A sample was provided and will be retained as requested.
The product under consideration is described as the “Safe Rx® Locking Prescription Vial (LPV®).” It is a
plastic medicine container that features a lid with a four-digit locking mechanism that allows this item to
function as a secure medication storage device. From review of the sample, we note that the lock does not
feature any metal components. This item has the general appearance of a standard prescription medicine
bottle except with the modified locking lid.
In your submission, you requested consideration of a secondary classification for this item under subheading
9817.00.96, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[a]rticles
specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped
persons; parts and accessories (except parts and accessories of braces and artificial limb prosthetics) that are
specially designed or adapted for use in the foregoing articles: [o]ther.” We disagree with this proposed
classification.
While your submission primarily focuses on this being used in the treatment of individuals suffering from
Opioid Use Disorder, we confirmed that it has broader utility on your client’s website, https://safe-rx.com/.
Their site states that these locking prescription vials “are used broadly to prevent diversion and accidental
pediatric ingestion, for means reduction in suicide prevention, to reduce patient barriers to MAT enrollment,
and even to ensure the integrity of home delivery chains of custody.” Additionally, they “provide portable
and private storage of high cost or sensitive medications whether you’re at home, traveling or coworkers.
With an opaque bottle and locked cap, no one can see your medication, keeping your healthcare private.”
Finally, these containers “provide peace of mind for families. Whether you are worried about teenagers and
their friends, neighbors, household visitors or tradesmen, our product is an effective and easy-to-use
solution. With its combination lock and tamper-resistant design, our LPVs provide an extra layer of security,
giving you the confidence and assurance that your family is safe.”
From this additionally obtained information, we hold the opinion that this product is not “specifically
designed or adapted” for the handicapped and that it is general enough in nature that it lacks the
characteristics “that create a substantial probability of use by the chronically handicapped” and is not “easily
distinguishable from articles useful to the general public,” to the extent that the “use thereof by the general
public is so improbable that it would be fugitive.” See Implementation of the Nairobi Protocol, 26 Cust. Bull.
& Dec. at 243-244. Therefore, we find that the secondary classification of 9817.00.96, HTSUS, would not
apply to this locking medicine container.
As the “Safe Rx® Locking Prescription Vial” would be considered an article of plastic, and as it is not more
specifically provided for elsewhere, the applicable subheading will be 3926.90.9989, HTSUS, which
provides for “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther:
[o]ther: [o]ther.” The column one, general rate of duty is 5.3 percent ad valorem.
Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and
Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings
9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate
of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e., 9903.01.24, in addition
to subheading 3926.90.9989, HTSUS, listed above.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise
must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries
will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the
Chapter 99 heading applicable to your product classification, i.e., 9903.01.25, in addition to subheading
3926.90.9989, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheadings 3926.90.9989, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad
valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e.,
9903.88.15, in addition to subheading 3926.90.9989, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the
status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background
information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including
information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP
websites, which are available at
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and
https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the CBP Regulations (19 CFR 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, please contact
National Import Specialist Kristopher Burton at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division