CLA-2-90:RR:NC:N1:105 I86144
Mr. Pete Mento
Expeditors Tradewin
1015 Third Avenue, 12th Floor
Seattle, WA 98104
RE: The tariff classification of a Personal PelvicTrainer from China
Dear Mr. Mento:
In your letter dated September 12, 2002, for DesChutes Medical Products, Inc., you requested a tariff classification ruling.
Your sample is essentially an inflatable dildo with connections to a meter which will display the relative strength of the voluntary vaginal contraction of the muscles surrounding the vagina.
It is used in regularly exercising and thus strengthening those muscles. In the pamphlet for the purchaser, on page 16, you state, under Pelvic Health Education:
“Many factors can contribute to pelvic floor weakness:
Pregnancy and vaginal childbirth
High impact exercises and military field training
Hormonal changes during menopause
Excessive body weight
Straining from chronic constipation
Smoking and chronic coughing
Due to weak pelvic muscles women may experience:
Urinary leakage during and after pregnancy
Urinary incontinence (stress or urge)
Sexual problems (arousal, dryness, orgasm)
Pelvic organ prolapse
Women may benefit from pelvic floor strengthening as follows:
Prevention or elimination of incontinence
Less urinary leakage during pregnancy
Prepare and strengthen the pelvic floor before
and after childbirth
Prevention of pelvic organ relaxation
Increased sexual pleasure, vaginal tone,
Moisture, response”
Harmonized System Explanatory Note I to 90.19 does indicate that those items are “usually carried out under medical supervision,” and this item is clearly used by the individual woman in her own home. On the other hand, as required, it can readily be “distinguished from the ordinary physical culture or medical exercising equipment designed for use in the home or in specially equipped premises.”
The pamphlet emphasizes the strengthening of pelvic muscles to aid in reducing urinary incontinence. For example, most of page 17 is headed “Bladder Health,” and the second of the Frequently Asked Questions on page 14 is:
“Why is it important to do quick contractions?
Quick contractions provide the strength necessary for pelvic support
during a sneeze, cough, laugh or when you step out into the cold. See
Healthy Hints on page 17.”
The sample is thus more therapeutic than not, and it is clearly “mechano.”
The applicable subheading for your sample will be 9019.10.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for Mechano-therapy appliances. The rate of duty will be free. .
The sample is being returned to you in a separate mailing.
For any commercial shipments of the item, note that we found only a small Made in China on the bottom of the relatively tall box. The sides of the box have paragraphs of information. We found no country of origin marking on the product. We do not consider your sample to have country of origin marking in a conspicuous place as required by Customs Regulations 134.11 and 134.1–k.
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