Antimicrobial bathing system (Tariff notice 1)
Check the tariff classification for antimicrobial bathing systems.
New regulation
A new regulation was published in the Official Journal on 18 November 2022 and entered into force 20 days after this date.
L299/17
Reg 2022/2260
This is not considered a change in Northern Ireland practice.
Description of goods
A basin liner system, put up in a set for retail sale, that consists of:
- a re-usable plastic basin (dimensions approx. 39 × 33 × 14 cm)
- single-use disposable plastic liners in a tear-off roll
- a liner dispenser
The basin, liners and dispenser are impregnated with an antimicrobial compound that prevents the spread of pathogens. The roll of liners is to be mounted on the dispenser. The system is designed to prevent cross-contamination leading to the spread of pathogens when washing patients in hospitals, healthcare and non-healthcare facilities.
Classification (Combined Nomenclature (CN) code)
3924 90 00
Reason
Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 3924 and 3924 90 00.
The product is put up in a set for retail sale within the meaning of general rule 3(b). The essential character of the product is given by the re-usable basin made of plastics.
Classification under heading 9018 as a medical instrument or appliance is excluded as the product is not used for medical treatment of a patient’s condition. The fact that the basin, liners and dispenser are impregnated with the antimicrobial compound, which only serves to prevent cross-contamination and the spread of pathogens, does not constitute the product as a medical instrument or appliance for diagnosis, or preventing or treating an illness or to operate, etc.
Furthermore, the Harmonized System Explanatory Note (HSEN) to heading 9018 excludes sanitary ware of base metal (see HSEN to heading 9018, second paragraph, point (e)). This interpretation can be extended to analogous products of plastics.
Classification in heading 3922 is excluded because the basin does not have the character of sanitary ware of this heading given its dimensions, its non-permanent setup and that it is not designed to be connected to a water or sewage system. The basin has the character of a small portable sanitary article of heading 3924 (see also HSEN to heading 3922, third paragraph, point (a), and to heading 3924, point (D)).
Consequently, the product is to be classified under CN code 3924 90 00 as other hygienic or toilet article, of plastics.
Contact details
Tariff Classification
Customs Policy and Strategy
3rd Floor
14 Westfield Avenue
Stratford
London
E20 1HZ
Email: [email protected]
This Tariff notice is published for information purposes only.