The tariff classification of sterilization pouches from China

N306229 September 18, 2019 CLA-2-48:OT:RR:NC:1:130 CATEGORY: Classification TARIFF NO.: 9903.88.03; 4819.50.4060 Mr. Michael Skleney Pegasus Customs Brokers, Inc. 1100 Jorie Blvd. Suite 240 Oak Brook, IL 60523 RE: The tariff classification of sterilization pouches from China Dear Mr. Skleney: In your letter, dated September 13, 2019, you requested a binding tariff classification ruling on behalf of your client, Ceramax Dental Art, LLC. The ruling request concerns sterilization pouches. Photos and product information were submitted for our review. In your letter, you describe a “Self-Sealing Sterilization Pouch” - a pouch constructed of white, medical grade paper and blue plastic film (cast polypropylene (CPP) and polyethylene terephthalate (PET)). The pouches allow for sterilization of an enclosed dental or medical device, and for the maintenance of sterility of the device until use. The pouches range in size from 57mm wide by 102mm long to 305mm wide by 457mm long. The pouch, which is in ready-to-use condition, is constructed of the paper sheet and plastic film, heat-sealed together on two long sides and one short side. The remaining short side is open for insertion of the device to be sterilized. This side has a paper release strip covering an adhesive strip that is folded into place to seal the pouch. The contained instrument is then sterilized by steam or ethylene oxide. There are built-in, chemical ink indicators that change color depending on the sterilization process that the tool has undergone. The applicable subheading for the self-sealing sterilization pouches will be 4819.50.4060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibers; box files, letter trays and similar articles, of paper or paperboard of a kind used in offices, shops or the like: Other packing containers, including record sleeves: Other: Other: Other. The rate of duty will be free. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 4819.50.4060, 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., 9903.88.03, in addition to subheading 4819.50.4060, 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, 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 on World Wide Web at https://hts.usitc.gov/current. 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 Laurel Duvall at laurel.duvall@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division