The tariff classification of sterilization containers, lids and bottoms for trays, trays with and without racks, identification labels, and racks from Germany

N061138 May 28, 2009 CLA-2-76:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7616.99.5090; 3926.90.9980 Mr. Karl F. Krueger Radix Group International dba DHL Global Forwarding 2660 20th Street Port Huron, MI 48060 RE: The tariff classification of sterilization containers, lids and bottoms for trays, trays with and without racks, identification labels, and racks from Germany Dear Mr. Krueger: In your letter dated May 7, 2009, on behalf of Aesculap Implant Systems, Inc., you requested a tariff classification ruling. A sales promotional brochure for the Aesculap Dental Sterile Container System was submitted for our review. The items for which you are requesting a ruling are containers, lids and bottoms for trays, trays with and without racks, identification labels, and racks used in dental and medical facilities. The items are used to facilitate the cleaning and sterilization of instruments and to store the sterile instruments. They are designed to be placed into a variety of dental and medical sterilization systems and removed after the sterilization. The item identified in your letter as an aluminum container or box with a perforated lid holds dental and medical instruments or filled trays both during sterilization and for sterile storage after sterilization. Item numbers and product dimensions are not provided for the containers. The aluminum lid for a dental tray is identified in the submitted brochure as item number JF289R. The lid measures approximately 273 mm in length by 176 mm in width by 16 mm in height. Item numbers and product dimensions are not provided for the aluminum bottoms for the trays. The aluminum tray holds the dental and medical instruments during and after sterilization. The lid, the bottom and the sides of the tray are perforated. The tray can be fitted with internal silicone racks to hold instruments. The trays and racks are available in various sizes. The aluminum identification labels are attached to the containers to identify the instruments that are inside the containers. The blank labels are identified in the illustrative brochure as item numbers JG645U (red), JG646U (blue), JG647U (green), JG648U (gold), JG650U (black), JG652U (olive), JG653U (purple) and JG654U (orange). Each label measures approximately 50 mm in length by 18 mm in width. The silicone racks hold the instruments in the aluminum trays or containers during sterilization and for sterile storage after sterilization. The racks are available in various sizes. You suggest classification for the items identified as sterilization containers or boxes as containers. Heading 7612, Harmonized Tariff Schedule of the United States (HTSUS), provides for “Aluminum casks, drums, cans, boxes and similar containers, for any material, of a capacity not exceeding 300 liters, whether or not lined or heat insulated…” The National Import Specialist that handles aluminum containers has stated that the exemplars described in the Explanatory Notes to heading 7612 are all used to package goods, and characteristically protect, store and contain them in transport and in the stream of commerce. The listed exemplars package and hold varied merchandise, including beverages and foodstuffs, creams and toothpaste. We find that the subject aluminum container does not have the essential characteristics and purpose of the exemplars listed in heading 7612 and does not meet the terms of heading 7612. The item is not considered a container in heading 7612. Therefore, we find that the sterilization container is classifiable in heading 7616, HTSUS, which provides for other articles of aluminum. The applicable subheading for the aluminum sterilization containers, lids and bottoms for trays, trays with and without racks, and blank identification labels will be 7616.99.5090, HTSUS, which provides for other articles of aluminum, other, other, other, other, other, other. The rate of duty will be 2.5 percent ad valorem. The applicable subheading for the silicone racks when imported separately 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 Ann Taub at 646-733-3018. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division