The tariff classification of an autoinjector trainer from China

N072795 August 26, 2009 CLA-2-90:OT:RR:NC:4:405 CATEGORY: Classification TARIFF NO.: 9023.00.0000 Pat Danilczyk USG Logistics 1975 Linden Boulevard, Suite 111Elmont, NY 11003 RE: The tariff classification of an autoinjector trainer from China Dear Mr. Danilczyk: In your letter dated August 18, 2009, on behalf of Pharma Design, Inc. you requested a tariff classification ruling. Two samples were provided. The individual cartons for the samples are labeled, “Simponi golimumab - SmartJect Autoinjector Reusable Trainer – For Demonstration Purposes Only, Contains no needle, no medicinal product”. In your submission you state: “We are requesting a binding ruling for tariff classification on this grip strength tester. Item: SMARTJECT RE-USABLE TRAINER” However, per the samples and the sheet included in their boxes as well as per the description in the Patient Instruction for Use for this Autoinjector at http://www.fda.gov/downloads/Drugs/DrugSafety/UCM152822.pdf, this item is specially made for use by the doctor/nurse in safely training the patient or the caregiver in the several steps necessary to properly inject the medicament. Per the patient instructions, “Do Not try to inject Simponi yourself until you have been shown the right way to give the injections by your doctor or nurse.” Since it has no needle or medicament, it is not the same experience as using an actual autoinjector, but it can be used in multiple demonstrations/tryouts of the injection procedure without pain or possible infection. Since there are several steps, the doctor/nurse will confirm that the user had learned the steps properly before deciding to allow independent injections (as opposed to requiring that they be done by medical personnel). A sheet in the individual carton explains the differences between the imported training device and an actual autoinjector. The sample is a plastic cylinder with internal workings that will spring forward the needle, a timed retraction, and a reset capability. There is no indication of grip strength on the sample or on the item as used. It is simply held against the skin in an appropriate area and then the button is pushed, following the protocol as instructed. You state that the manufacturer is Edu-Science HK, which, per the website www.hktdc.com/em/edu, is a supplier of science related educational items and anatomical models, not medical equipment. Although much smaller and simpler, the autoinjector trainer is similar in concept to the partial tanks that are used by instructors to explain to potential tank drivers how to drive the real tanks that they are based on and to give them an opportunity, to a limited extent, to try out the skills learned in a safe way and to show to the instructor that they have learned those skills. Those are included in Harmonized System Explanatory Note 11 to 9023. The applicable subheading for the autoinjector trainer will be 9023.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for which provides for instruments, apparatus and models, designed for demonstrational purposes (for example, in education or exhibitions), unsuitable for other uses, and parts and accessories thereof. The rate of duty will be free. 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 J. Sheridan at (646) 733-3012. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division