CLA-2-90:OT:RR:NC:N3:135
Ernesto Navidad
Creation Technologies Washington LLC
6300 Merrill Creek Pkwy
Everett, WA 98203
RE: The tariff classification of plastic parts of the Penumbra ENGINE® Aspiration Source and Canister
from China and Malaysia
Dear Mr. Navidad:
In your letter dated October 28, 2025, you requested a tariff classification ruling. Additional information was
provided by email dated November 18 and November 19, 2025.
The Penumbra ENGINE® consists of a Penumbra ENGINE® Aspiration Source and a disposable Penumbra
ENGINE® Canister. The Penumbra ENGINE® is a key component of the Penumbra System, used for
vacuum aspiration of thrombus in neurovascular procedures. The canister is an essential part of the Penumbra
ENGINE® and forms the vacuum collection reservoir where aspirated material is stored. The products under
consideration are five custom-made plastic components of the Penumbra ENGINE® Aspiration Source and
the Penumbra ENGINE® Canister. The Top Plastic Enclosure, Middle Plastic Enclosure, and Bottom Plastic
Enclosure are components of the Penumbra ENGINE® Aspiration Source. The Main Plastic Canister
Enclosure and Top Plastic Canister Enclosure form the Penumbra ENGINE® Canister.
The Top Plastic Enclosure is the upper housing shell of the Penumbra ENGINE® Aspiration Source. It is an
elongated-oval external shell with gently curved edges and a hollow interior. The front section includes a
recessed semi-cylindrical cavity that creates a curved cut-out along the oval contour. This cavity is designed
so that the upper portion of the canister enclosure seats securely within it. The Top Plastic Enclosure features
a single integrated push-button switch located on the upper surface and a small indicator-light zone for
vacuum-status illumination. It forms the upper exterior of the Penumbra ENGINE® Aspiration Source
housing and protects internal mechanical and electronic components. It does not include any aspiration
pathway connections.
The Middle Plastic Enclosure forms the mid-body of the Penumbra ENGINE® Aspiration Source. It has an
elongated-oval outer shape aligned with the top enclosure, including a front semi-cylindrical hollow where
the main canister sits. It has a hollow interior designed to surround the internal vacuum pump and electronic
modules, and internal vertical reinforcement ribs for structural rigidity. The Middle Plastic Enclosure features
precision alignment points and interlocking edges to connect with the top and bottom enclosures. It serves as
the central structural frame of the Penumbra ENGINE® Aspiration Source, maintaining alignment and
providing mid-section protection.
The Bottom Plastic Enclosure forms the lower structural base of the Penumbra ENGINE® Aspiration Source.
It mirrors the elongated-oval geometry of the top and middle enclosures, including a matching
semi-cylindrical cavity along the front to cradle the bottom portion of the canister enclosure. It has a
reinforced internal base plate designed to support the vacuum pump and lower electronic modules, and
internal mounting points for the mechanical components. The Bottom Plastic Enclosure features mechanical
interface and locking edges that mate with the Middle Plastic Enclosure, and provides stable structural
support for the assembled unit. It houses and supports the lower portion of the ENGINE’s pump and
electronics, and provides mechanical stability.
The Main Plastic Canister Enclosure is the clear vacuum-collection reservoir with external volume
graduations in milliliters. It is a rigid cylindrical container with straight vertical walls and contains a
perforated internal barrier functioning as the integrated clot catcher. The graduations allow the physician or
technician to monitor the volume of aspirated fluid during a procedure and confirm vacuum performance and
clot-removal progress. You state they are standard in medical aspiration reservoirs to assess the quantity of
collected material. The Main Plastic Canister Enclosure features an upper sealing lip designed to lock into the
Top Plastic Canister Enclosure with a downward “one-click” mechanism.
The Top Plastic Canister Enclosure is the lid that seals the canister and provides the aspiration-pathway
connection. It is a circular lid with molded sealing geometry that mates precisely with the cylindrical canister.
The Top Plastic Canister Enclosure features a primary aspiration port, internal vacuum channels that route
suction from the Penumbra ENGINE® Aspiration Source to the canister, and a locking mechanism that
secures the lid to the canister with a downward “click.” It maintains vacuum integrity and serves as the single
connection point for aspiration tubing and catheter setup.
The Penumbra ENGINE® Canister, featuring external volume graduations in milliliters for measuring
collected fluid, is considered a “capacity measure.” Consequently, it is excluded from classification within
Chapter 90 of the Harmonized Tariff Schedule of the United States (HTSUS) by virtue of Note 1(m) to that
chapter. Therefore, its components, the Main Plastic Canister Enclosure and Top Plastic Canister Enclosure,
will not be classified under heading 9018, HTSUS.
As the Main Plastic Canister Enclosure and Top Plastic Canister Enclosure would be considered articles of
plastic, and as they are not more specifically provided for elsewhere, the applicable subheading will be
3926.90.9989, HTSUS, which provides for “Other articles of plastics and articles of other materials of
headings 3901 to 3914: Other: Other: Other.” The general rate of duty is 5.3 percent ad valorem.
The applicable subheading for the Top Plastic Enclosure, Middle Plastic Enclosure, and Bottom Plastic
Enclosure will be 9018.90.7580, HTSUS, which provides for “Instruments and appliances used in medical,
surgical, dental or veterinary sciences …: Other instruments and appliances and parts and accessories thereof:
Other: Electro-medical instruments and appliances and parts and accessories thereof: Other: Other: Other.”
The general rate of duty will be free.
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 for by subheading 9903.01.24, HTSUS, other than products classifiable under
subheadings 9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 10 percent ad
valorem rate of duty. At the time of entry, you must report the applicable Chapter 99 subheading, i.e.,
9903.01.24, in addition to subheadings 3926.90.9989 and 9018.90.7580, 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 of China, Hong
Kong, and Macau will be subject to an additional ad valorem rate of duty of 10 percent. At the time of entry,
you must report the Chapter 99 heading applicable to your product classification, 9903.01.25, in addition to
subheadings 3926.90.9989 and 9018.90.7580, 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 of Malaysia will be
subject to an additional ad valorem rate of duty of 19 percent. At the time of entry, you must report the
Chapter 99 heading applicable to your product classification, i.e. 9903.02.39, in addition to subheadings
3926.90.9989 and 9018.90.7580, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheading 9018.90.7580, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad
valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01,
in addition to subheading 9018.90.7580, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheading 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 tariffs and additional duties cited above are current as of this ruling’s issuance. 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 Customs and Border Protection
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 heading 3926, please
contact National Import Specialist (NIS) Kristopher Burton at [email protected]. If you have
any questions regarding heading 9018, please contact NIS Fei Chen at [email protected].
Sincerely,
(for)
Deborah Marinucci
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division