N355355

N355355 November 25, 2025 CLA-2-90:OT:RR:NC:N3:135 CATEGORY: Classification TARIFF NO.: 3926.90.9989; 9018.90.7580; 9903.01.24; 9903.01.25; 9903.02.39; 9903.88.01; 9903.88.15 Ernesto Navidad Creation Technologies Washington LLC 6300 Merrill Creek Pkwy Everett, WA 98203 RE: The tariff classification of plastic parts of the Penumbra ENGINE® Aspiration Source and Canister from China and Malaysia Dear Mr. Navidad: In your letter dated October 28, 2025, you requested a tariff classification ruling. Additional information was provided by email dated November 18 and November 19, 2025. The Penumbra ENGINE® consists of a Penumbra ENGINE® Aspiration Source and a disposable Penumbra ENGINE® Canister. The Penumbra ENGINE® is a key component of the Penumbra System, used for vacuum aspiration of thrombus in neurovascular procedures. The canister is an essential part of the Penumbra ENGINE® and forms the vacuum collection reservoir where aspirated material is stored. The products under consideration are five custom-made plastic components of the Penumbra ENGINE® Aspiration Source and the Penumbra ENGINE® Canister. The Top Plastic Enclosure, Middle Plastic Enclosure, and Bottom Plastic Enclosure are components of the Penumbra ENGINE® Aspiration Source. The Main Plastic Canister Enclosure and Top Plastic Canister Enclosure form the Penumbra ENGINE® Canister. The Top Plastic Enclosure is the upper housing shell of the Penumbra ENGINE® Aspiration Source. It is an elongated-oval external shell with gently curved edges and a hollow interior. The front section includes a recessed semi-cylindrical cavity that creates a curved cut-out along the oval contour. This cavity is designed so that the upper portion of the canister enclosure seats securely within it. The Top Plastic Enclosure features a single integrated push-button switch located on the upper surface and a small indicator-light zone for vacuum-status illumination. It forms the upper exterior of the Penumbra ENGINE® Aspiration Source housing and protects internal mechanical and electronic components. It does not include any aspiration pathway connections. The Middle Plastic Enclosure forms the mid-body of the Penumbra ENGINE® Aspiration Source. It has an elongated-oval outer shape aligned with the top enclosure, including a front semi-cylindrical hollow where the main canister sits. It has a hollow interior designed to surround the internal vacuum pump and electronic modules, and internal vertical reinforcement ribs for structural rigidity. The Middle Plastic Enclosure features precision alignment points and interlocking edges to connect with the top and bottom enclosures. It serves as the central structural frame of the Penumbra ENGINE® Aspiration Source, maintaining alignment and providing mid-section protection. The Bottom Plastic Enclosure forms the lower structural base of the Penumbra ENGINE® Aspiration Source. It mirrors the elongated-oval geometry of the top and middle enclosures, including a matching semi-cylindrical cavity along the front to cradle the bottom portion of the canister enclosure. It has a reinforced internal base plate designed to support the vacuum pump and lower electronic modules, and internal mounting points for the mechanical components. The Bottom Plastic Enclosure features mechanical interface and locking edges that mate with the Middle Plastic Enclosure, and provides stable structural support for the assembled unit. It houses and supports the lower portion of the ENGINE’s pump and electronics, and provides mechanical stability. The Main Plastic Canister Enclosure is the clear vacuum-collection reservoir with external volume graduations in milliliters. It is a rigid cylindrical container with straight vertical walls and contains a perforated internal barrier functioning as the integrated clot catcher. The graduations allow the physician or technician to monitor the volume of aspirated fluid during a procedure and confirm vacuum performance and clot-removal progress. You state they are standard in medical aspiration reservoirs to assess the quantity of collected material. The Main Plastic Canister Enclosure features an upper sealing lip designed to lock into the Top Plastic Canister Enclosure with a downward “one-click” mechanism. The Top Plastic Canister Enclosure is the lid that seals the canister and provides the aspiration-pathway connection. It is a circular lid with molded sealing geometry that mates precisely with the cylindrical canister. The Top Plastic Canister Enclosure features a primary aspiration port, internal vacuum channels that route suction from the Penumbra ENGINE® Aspiration Source to the canister, and a locking mechanism that secures the lid to the canister with a downward “click.” It maintains vacuum integrity and serves as the single connection point for aspiration tubing and catheter setup. The Penumbra ENGINE® Canister, featuring external volume graduations in milliliters for measuring collected fluid, is considered a “capacity measure.” Consequently, it is excluded from classification within Chapter 90 of the Harmonized Tariff Schedule of the United States (HTSUS) by virtue of Note 1(m) to that chapter. Therefore, its components, the Main Plastic Canister Enclosure and Top Plastic Canister Enclosure, will not be classified under heading 9018, HTSUS. As the Main Plastic Canister Enclosure and Top Plastic Canister Enclosure would be considered articles of plastic, and as they are not more specifically provided for elsewhere, the applicable subheading will be 3926.90.9989, HTSUS, which provides for “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Other.” The general rate of duty is 5.3 percent ad valorem. The applicable subheading for the Top Plastic Enclosure, Middle Plastic Enclosure, and Bottom Plastic Enclosure will be 9018.90.7580, HTSUS, which provides for “Instruments and appliances used in medical, surgical, dental or veterinary sciences …: Other instruments and appliances and parts and accessories thereof: Other: Electro-medical instruments and appliances and parts and accessories thereof: Other: Other: Other.” The general rate of duty will be free. Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and Hong Kong as provided for by subheading 9903.01.24, HTSUS, other than products classifiable under subheadings 9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the applicable Chapter 99 subheading, i.e., 9903.01.24, in addition to subheadings 3926.90.9989 and 9018.90.7580, HTSUS, listed above. Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time, products of China, Hong Kong, and Macau will be subject to an additional ad valorem rate of duty of 10 percent. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, 9903.01.25, in addition to subheadings 3926.90.9989 and 9018.90.7580, HTSUS, listed above. Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time, products of Malaysia will be subject to an additional ad valorem rate of duty of 19 percent. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.02.39, in addition to subheadings 3926.90.9989 and 9018.90.7580, HTSUS, listed above. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified

set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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 heading 3926, please contact National Import Specialist (NIS) Kristopher Burton at kristopher.burton@cbp.dhs.gov. If you have any questions regarding heading 9018, please contact NIS Fei Chen at fei.chen@cbp.dhs.gov. 
Sincerely,
 (for) Deborah Marinucci Designated Official Performing the Duties of the Division Director National Commodity Specialist Division