CLA-2 OT:RR:NC:N1:102
James Burritt
DSV Air & Sea
1425 Corporate Center Drive, Suite 900
San Diego, California 92154
RE: The classification of a blower assembly and components used within the blower assembly from China, Indonesia, or Malaysia.
Dear Mr. Burritt:
In your letter dated July 15, 2022, you requested a ruling, on the behalf of ResMed Motor Technologies, Inc., on the classification of a blower assembly and certain components used within the blower assembly. Technical information was provided with your submission.
The five items at issue are a Maxi-Tube II Blower Assembly, part number 000-0450-23, a Maxi-Tube II impeller, part number 292-0091, a Maxi-Tube II Stator Assembly, part number 010-0500-04, a Maxi-Tube II Rotor Assembly, part number 020-0468-33, and a Maxi-tube II Shield Tube, part number 095-0411-24.
The Maxi-Tube II Blower Assembly is designed to be used in ResMed’s AirSense 10 Continuous Positive Air Pressure (CPAP) machine, which is used by individuals affected by sleep apnea and chronic respiratory conditions. The blower assembly is contoured to fit in the pneumatic block of the CPAP machine and features a custom-shaped inlet and outlet. The blower assembly is primarily made-up of two impellers, two covers that together function as a housing, interstage vanes, a motor, and a connector that solely connects to the CPAP’s printed circuit board. In series, the blower completes two stages of pneumatic motion that allows the CPAP machine to provide the user a continuous and precise flow of air.
The applicable subheading for the Max-Tube II blower assembly, part number 000-0450-23, will be 8414.59.6560, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; gas-tight biological safety cabinets,
whether or not fitted with filters; parts thereof: Fans: Other: Other: Other: Other: Centrifugal. The general rate of duty is 2.3 percent ad valorem.
Based on the information provided, the motor module is comprised of the rotor assembly, the stator assembly, and the shield tube. Subject to this request, the rotor assembly, part number 020-0468-33, is comprised of a shaft, magnet, and spacers. The stator assembly, part number 010-0500-04, is comprised of a laminated stack assembly, a magnet, and a cable assembly.
In your submission, you suggest the rotor and stator assemblies, are classified within subheading 8503.00.6500, HTSUS. We agree. The rotor and stator assemblies are parts of an electric motor of heading 8501. By application of General Rule of Interpretation 1, and Section XVI, Note 2(b), parts suitable for use solely or principally with the machines of heading 8501 or 8502, are provided for in heading 8503, HTSUS.
As such, the applicable subheading of the rotor assembly, part number 020-0468-33, and the stator assembly, part number 010-0500-04, will be subheading 8503.00.6500, HTSUS, which provides for Parts suitable for use solely or principally with the machines of heading 8501 or 8502: Stator and rotors for the goods of heading 8501 or 8502: Other. The general rate of duty is 3 percent ad valorem.
The Maxi-Tube II shield tube, part number 095-0411-24, is composed of a low magnetically permeable and low electrically conductive plastic material. Once imported, you state that the rotor assembly is mounted into the shield tube, the stator assembly is pressed on the outside of the shield tube bore, and resin is applied to the windings to form the motor module assembly.
The Maxi-Tube II impeller, part number 292-0091, is designed to be solely used as part of the Maxi-Tube II blower assembly, as it is shaped to be pressed onto a shaft of the motor and positioned within the covers of the blower assembly. The Maxi-Tube II blower assembly employs two impellers. In use, the impellers rotate to generate a specific pneumatic flow and pressure that allows the blower assembly to provide a precise and steady flow of air.
In your letter, you suggest the shield tube and impeller are classified within subheading 8414.90.1080, HTSUS, which provides for Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; gas-tight biological safety cabinets, whether or not fitted with filters; parts thereof: Parts: Of fans (including blowers) and ventilating or recycling hoods. Regarding the impeller, we agree.
The Explanatory Notes (ENs) of the Harmonized Commodity Description and coding System, constitute as the official interpretation of the Harmonized System at the international level. 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.
The ENs to heading 8414, in relevance, state that subject to the general provisions regarding the classification of parts (see the General Explanatory Note to Section XVI), parts of the goods of this heading are also classified here, e.g., impellers. As such, the impeller is classified as a part within heading 8414.
The applicable subheading for the Maxi-Tube II impeller, part number 292-0091, will be 8414.90.1080, HTSUS, which provides for Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; gas-tight biological safety cabinets, whether or not fitted with filters; parts thereof: Parts: Of fans (including blowers) and ventilating or recycling hoods: Other. The general rate of duty is 4.7 ad valorem.
Regarding the shield tube, we disagree. We would note that it houses the rotor assembly and provides as the structure to retain and align the rotor and stator assembly, which in our view is more specifically classified as a part of an electric motor rather than a part of blower assembly. As noted in Section XVI, Note 2(b), parts suitable for use solely or principally with the machines of heading 8501 or 8502, are provided for in heading 8503.
Therefore, the applicable subheading for the Maxi-Tube II shield tube, part number 095-0411-24, will be 8503.00.9520, HTSUS, which provides for Parts suitable for use solely or principally with the machines of heading 9501 or 8502: Other: Other: Parts of motors. The general rate of duty is 3 percent ad valorem.
In your submission, you request consideration of a secondary classification for the subject blower assembly, impeller, rotor assembly, stator assembly, and shield tube, under subheading 9817.00.96, HTSUS, which applies to articles and parts of articles specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped.
Chapter 98, Subchapter XVII, U.S. Note 4(a), HTSUS, defines the term “blind or other physically or mentally handicapped persons” as including “any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking breathing, learning, or working.”
Referencing New York Ruling Letter N172236, dated July 22, 2011, CBP noted that CPAP machines used to treat individuals with chronic lung disease and other respiratory afflictions are specially designed and adapted for the benefit of persons suffering from a chronic physical impairment and thus, are eligible for secondary classification under subheading 9817.00.96, HTSUS.
The Maxi-Tube II blower assembly is essential to the functionality of the CPAP machine, as it allows the CPAP machine to provide a continuous flow of air to the user. It is shaped to fit in the suspension block of the CPAP machine, features a customized inlet and outlet, and is designed to interconnect with other components that are dedicated to make the CPAP machine itself, deliver a steady and precise air flow, e.g., the PCBA assembly.
The impeller, stator and rotor assemblies and shield tube are components of the Maxi-Tube II blower assembly. Headquarters ruling H024976, dated March 23, 2009, explains that parts of a system or assembly do not automatically qualify for classification in the subheading 9817.00.96. We must consider whether they would be considered parts that are specially designed or adapted for use with the system or assembly they are intended to be used with, in this case, the Maxi-Tube II blower assembly.
Based on the documentation provided, the electric motor, for which the rotor assembly, stator assembly and shield tube are dedicated parts, is exclusively used in the Maxi-Tube II blower assembly that is exclusively used in ResMed’s CPAP machine. The electric motor is specifically designed to be incorporated into the blower assembly that is designed to be incorporated into the chassis of a specific CPAP machine, while engineered to operate at torque and speed, such that when integrated into the blower and its components, can produce a pressurized air flow to meet precise CPAP system requirements.
The impeller is constructed to be inserted within the housing of the Maxi-Tube II blower assembly and pressed onto the shaft of the motor, which is also exclusively used in the Maxi-Tube II blower assembly. Two impellers are used in the blower assembly and in use, each impeller rotates to generate a specified pneumatic flow and pressure that allows the blower assembly, and in turn the CPAP machine, to deliver a steady and precise flow of air to the user.
Thus, it can be concluded that the impeller, stator and rotor assemblies and shield tube are especially designed or adapted for use with the Maxi-Tube II blower assembly.
Therefore, as the chronic respiratory illness satisfies the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a) and the aforementioned items are specially designed or adapted for used in a CPAP machine or blower assembly used in a CPAP machine, a secondary classification will apply to the blower assembly, part number 000-0450-23, the stator assembly, part number 010-0500-04, the rotor assembly, part number 020-0468-33, the shield tube, part number 095-0411-24, and the Maxi-Tube II impeller, part number 292-0091, under subheading 9817.00.96, HTSUS, which affords free duty treatment aside from any additional duties and/or applicable fees upon importation into the United States.
Please note that the additional duties imposed by headings 9903.88.01, 9903.88.02, 9903.88.03, and 9903.88.04 do not apply to goods for which entry is properly claimed under a provision of chapter 98 of the HTSUS, except for goods entered under headings 9802.00.40, 9802.00.50, 9802.00.60, and 9802.00.80.
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 the World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. Part 177).
The holding 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. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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 Sandra Martinez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division