CLA-2-90:OT:RR:NC:N4:405
Troy Crago-Edwards
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301
RE: The tariff classification of a pulse oximeter from China.
Dear Mr. Crago-Edwards:
In your letter dated January 24, 2011, you requested a tariff classification ruling. No samples were provided.
The merchandise at issue is a pulse oximeter (item # A058HA00424). The device is designed to measure an individual’s pulse oxygen saturation and pulse rate through one’s finger.
The device’s manual, included with your submission, indicates pulse oxygen saturation is the concentration of O2 in the blood. The manual states that pulse oxygen saturation is an important bio-parameter for respiration, and a number of respiratory diseases may cause the decrease of SpO2 (Specific O2 level) in the blood. Low SpO2 can cause symptoms such as vertigo, vomiting, etc., and can be indicative of a medical problem. The manual states that readings of a patient’s SpO2, which the pulse oximeter can provide, will assist a doctor in promptly diagnosing a patient and planning a course of treatment accordingly. The pulse oximeter measures SpO2 in a range from 0 – 100%. The manual states that when the SpO2 measuring range is between 70% - 100%, the device is accurate to within 2% (with a reading below 70%, the accuracy is unspecified). When measuring pulse rate, the measuring range is 30 – 250 beats per minute (bpm), and the device is accurate to within 2 bpm.
The pulse oximeter is a portable device that is powered by two AAA batteries. It is placed around the patient’s finger and makes its measurement via analysis of the color changes in the finger. It has a digital display that shows the patient’s current SpO2 level and pulse rate. It also can store and transmit the data to a PC
The statutory language above subheadings 9018.11-.19 states that those subheadings include apparatus for Checking Physiological Parameters.
A similar device, the “OxyCliq sensor,” was classified in HTSUS 9018.19.80 in New York Ruling Letter 881670 - 119, dated January 19, 1993. The United States breakouts in that subheading have changed in the interim.
The applicable subheading for the pulse oximeter will be 9018.19.9550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Electro-diagnostic apparatus, including apparatus for checking physiological parameters. The rate of duty will be free.
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 http://www.usitc.gov/tata/hts/.
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 J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division