The tariff classification of packaging components for a sterile lap band system

N123383 October 1, 2010 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3923.90.0080; 6307.90.9889 Mr. Daniel Hong Allergan 2525 Dupont Drive T2-2C Irvine, CA 92612 RE: The tariff classification of packaging components for a sterile lap band system Dear Mr. Hong: In your letter dated August 31, 2010, you requested a tariff classification ruling. The sterile tray set consists of four components which you identify as a thermoform outer tray, a thermoform inner tray, a Tyvek® outer lid and a Tyvek inner lid. The components will be used after importation to package a sterile lap band system used in lap band surgery. The outer tray and inner tray are made from plastics thermoformed to create a shaped blister type package to securely encompass the components of the lap band system. The inner tray measures approximately 7-1/2 inches in diameter and the outer tray measures approximately 9 inches in diameter. After the surgical components are packaged into the tray the back is sealed with the Tyvek components. Although you refer to them as lids since they seal the package, the components are flat pieces of Tyvek, a spunbonded filament nonwoven textile fabric, cut to fit onto the tray components. The inner lid measures approximately 7-3/4 inches in diameter and seals onto the thermoform inner tray. The outer lid measures approximately 8-3/4 inches square and has rounded corners. It seals onto the thermoform outer tray. The samples are being returned as you requested. You have not identified the country of origin of the packaging components. The rates of duty provided below apply to shipments from countries with which the United States has Normal Trade Relations. The applicable subheading for the four piece packaging tray set imported as a unit, or for the thermoformed inner tray and outer tray imported as separate components, will be 3923.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics…other. The general rate of duty will be 3 percent ad valorem. The applicable subheading for the Tyvek inner and outer lid, when imported as separate components, will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The general rate of duty will be 7 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, Robert B. Swierupski Director National Commodity Specialist Division