H324542

HQ H324542 January 11, 2023 CLA-2 OT:RR:CTF:EMAIN H324542 PF CATEGORY: Classification TARIFF NO.: 3917.40 U.S. Customs and Border Protection Pharmaceuticals, Health, and Chemicals Center of Excellence and Expertise 10980 Interstate 29 Pembina, ND 58271 Attn: Nancy L. Anderson, Import Specialist RE: Request for Internal Advice; Classification of Disposable Plastic Connectors Dear Ms. Anderson: This letter is in reference to your request for Internal Advice, on behalf of Elcam Medical, Inc., regarding the tariff classification under the Harmonized Tariff Schedule of the United States (“HTSUS”) for disposable plastic connectors. Our decision follows. FACTS: The subject products are eight disposable plastic connectors. Model number 07103300/S is a sterile, recirculating female connector with a cap in a blister pack. It is connected to a blood line for dialysis and allows rinsing of the line (tubing) prior to dialysis treatment. Model no. 40608000L is a soft elbow adaptor for tubing, for use in an IV (intravenous) line assembly used in an infusion/transfusion application. Model 33008100L is an asymmetrical “Y” 2-way connector for tubing in an intravenous line.  Model nos. 51908500L, 50608500L, 38308500L are male luer lock connectors for different sizes of tubing. Model no. 506L/382L is a male luer lock connector with a vented cap for tubing. Model no. 31608100L is a double female luer lock connector connecting two male luers. All of the connectors except for connector model no. 07103300/S, which is a blister packaged and sterilized finished product), are non-sterile items, imported in bulk. According to the importer, customers buy the non-sterile bulk, components and assemble them with tubing and other components to make finished products identified as disposable medical devices. Customers sterilize the products and sell to hospitals and clinics for use on patients and medical equipment such as dialysis machines. The configuration of the disposable medical device is the responsibility of the customer purchasing the components. The connectors may be used in different applications and are interchangeable with other machines and devices. For example, a male luer lock connector may be used on an IV set to administer solution in the patient’s vein or may be used in combination with a dialysis set. In addition, the importer states that their “components are mainly used on a) dialysis (application and description are within the same scope) b) IV solutions (bags or bottles) and c) transfusion (pump).” The importer contends that the connectors are classified in heading 9018, as parts of medical devices. ISSUE: Whether the disposable plastic connectors are classified in heading 3917, HTSUS, as fittings for tubes, or in heading 9018, HTSUS, as parts of medical devices. LAW AND ANALYSIS: Merchandise imported into the United States is classified under the HTSUSA. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Rules of Interpretation (AUSRIs). The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all purposes. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order. The HTSUS provisions under consideration in this case are as follows: 3917 Tubes, pipes and hoses and fittings therefor (for example, joints, elbows, flanges), of plastics: 9018 Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: Section XV, Note 2, provides, in relevant part: Throughout the tariff schedule, the expression “parts of general use means: Articles of heading 7307, 7312, 7315, 7317 or 7318 and similar articles of other base metals…” (Emphasis in original). Note 1(f) to Chapter 90 states the following: This chapter does not cover: Parts of general use, as defined in note 2 to section XV, of base metal (section XV) or similar goods of plastics (chapter 39); Note 2(b) to Chapter 90 provides as follows: Subject to note 1 above, parts and accessories for machines, apparatus, instruments or articles of this chapter are to be classified according to the following rules: . . . (b) Other parts and accessories, if suitable for use solely or principally with a particular kind of machine, instrument or apparatus, or with a number of machines, instruments or apparatus of the same heading (including a machine, instrument or apparatus of heading 9010, 9013 or 9031) are to be classified with the machines, instruments or apparatus of that kind; Note 8 to chapter 39 states, in pertinent part: 8. For the purposes of heading 3917, the expression “tubes, pipes and hoses” means hollow products, whether semimanufactures or finished products, of a kind generally used for conveying, conducting or distributing gases or liquids (for example, ribbed garden hose, perforated tubes)…. In understanding the language of the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System, which constitute the official interpretation of the HTSUS at the international level, may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. See T.D. 89-80, 54 Fed. Reg. 35127 (August 23, 1989). The EN to 39.17 states, in pertinent part: This heading also includes fittings of plastics for tubes, pipes and hoses (for example, joints, elbows, flanges). The EN for heading 73.07 provides: This heading covers fittings of iron or steel, mainly used for connecting the bores of two tubes together, or for connecting a tube to some other apparatus, or for closing the tube aperture. This heading does not however cover articles used for installing pipes and tubes but which do not form an integral part of the bore (e.g., hangers, stays and similar supports which merely fix or support the tubes and pipes on walls, clamping or tightening bands or collars (hose clips) used for clamping flexible tubing or hose to rigid piping, taps, connecting pieces, etc.) (heading 73.25 or 73.26). The connection is obtained:  by screwing, when using cast iron or steel threaded fittings;  or by welding, when using buttwelding or socketwelding steel fittings. In the case of buttwelding, the ends of the fittings and of the tubes are square cut or chamfered;  or by contact, when using removable steel fittings. This heading therefore includes flat flanges and flanges with forged collars, elbows and bends and return bends, reducers, tees, crosses, caps and plugs, lap joint stubends, fittings for tubular railings and structural elements, off sets, multibranch pieces, couplings or sleeves, clean out traps, nipples, unions, clamps and collars. Explanatory Note (C) to Section XV provides: In general, identifiable parts of articles are classified as such parts in their appropriate headings in the Nomenclature… However, parts of general use (as defined in Note 2 to this section) presented separately are not considered as parts of articles, but are classified in the headings of this Section appropriate to them. This would apply, for example, in the case of bolts specialised for central heating radiators or springs specialized for motor cars. The bolts would be classified in heading 73.18 (as bolts) and not in heading 73.22 (as parts of central heating radiators). The springs would be classified in heading 73.20 (a

Merchandise imported into the United States is classified under the HTSUSA. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Rules of Interpretation (AUSRIs). The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all purposes. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order. The HTSUS provisions under consideration in this case are as follows:3917 Tubes, pipes and hoses and fittings therefor (for example, joints, elbows, flanges), of plastics:9018 Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof:Section XV, Note 2, provides, in relevant part:Throughout the tariff schedule, the expression “parts of general use means:Articles of heading 7307, 7312, 7315, 7317 or 7318 and similar articles of other base metals…”(Emphasis in original).Note 1(f) to Chapter 90 states the following:This chapter does not cover:Parts of general use, as defined in note 2 to section XV, of base metal (section XV) or similar goods of plastics (chapter 39);Note 2(b) to Chapter 90 provides as follows:Subject to note 1 above, parts and accessories for machines, apparatus, instruments or articles of this chapter are to be classified according to the following rules:. . .(b) Other parts and accessories, if suitable for use solely or principally with a particular kind of machine, instrument or app