The tariff classification of a brush from Japan.

N308298 December 18, 2019 CLA-2-96:OT:RR:NC:N4:415 CATEGORY: Classification TARIFF NO.: 9603.90.8050 Ms. Christine Berghofer Olympus Corporation of the Americas 3500 Corporate Parkway Center Valley, PA 18034 RE: The tariff classification of a brush from Japan. Dear Ms. Berghofer: In your letter dated December 11, 2019, you requested a tariff classification ruling. The product under consideration is described in your submission as the BW-412T brush. It is designed to clean the suction channel of gastrointestinal endoscopes, openings of accessories and to clean the channel from the biopsy valve to the bifurcated area and suction cylinders. This product features brushes on each end, with one side being larger than the other. The provided documentation indicates this brush is for single use only. You propose classification in heading 9018 of the Harmonized Tariff Schedule of the United States (HTSUS), as a medical device. The Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System constitute the official interpretation of the HTSUS at the international level. The ENs to heading 9018 states that the heading covers “a wide range of instruments and appliances which, in the vast majority of cases, are used only in professional practice (e.g., by doctors, surgeons, dentists, veterinary surgeons, midwives), either to make a diagnosis, to prevent or treat an illness or to operate, etc.” It is stated that the brush “is designed to clean the suction channel of the Olympus gastrointestinal endoscopes, openings of accessories and to clean the channel from the biopsy valve to the bifurcated area and suction cylinders.” Although, it can be used to take microbiological specimens (samples) from duodenoscopes when sterilized, the “samples from endoscopes are not clinical specimens from patients, they are not used for diagnostic purposes, and they are not used to certify an endoscope as sterile. As such, sampling endoscopes for microbial culturing as a quality indicator of endoscope reprocessing is not subject to CLIA oversight or FDA review.” Since the brush is not used in professional practice to make a diagnosis, prevent or treat an illness, or perform surgery, it is not considered a medical instrument of heading 9018 for classification purposes. The applicable subheading for the BW-412T brush will be 9603.90.8050, HTSUS, which provides for “[b]rooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees): [o]ther: [o]ther: [o]ther.” The column one, general rate of duty is 2.8% 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 at https://hts.usitc.gov/current. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Kristopher Burton at kristopher.burton@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division