CLA-2-85:OT:RR:E:NC:N1:112

Mr. Tim F. Luvison
Supervisor
UPS Supply Chain Solutions
6940 Engle Road
Middleburg Hts, OH 44130

RE: The tariff classification of a Pod Connection Cable from Germany

Dear Mr. Luvison:

In your letter dated May 12, 2008, on behalf of Draeger Medical Systems, you requested a tariff classification ruling.

The item concerned is referred to as a Pod Connection Cable (Part # 3368425). The Pod Connection Cable consists of 6 insulated conductors housed within a PVC jacket. The cable incorporates a 7 pin plug connector on each end.

The Pod Connection Cable is used in the medical industry. It is used to connect various medical equipment, such as Hemo2, Hemo4, MultiMed 12, tp02/tpCO2, EEG, NMT and etC02 pods, to monitors.

You proposed classification under subheading 9018.19.9560 of the Harmonized Tariff Schedule of the United States (HTSUS) which provides for “Instruments and appliances used in medical, surgical, dental or veterinary sciences…: Electro-diagnostic apparatus…:Other: Other: Other: Parts and accessories”. Chapter 90 Note 2 (a) states “Parts and accessories which are goods included in any of the headings of this chapter or of chapter 84, 85 or 91 are in all cases to be classified in their respective heading”. The items in question are goods included in a heading of chapter 85. As such they are excluded from classification in chapter 90.

The applicable subheading for the Pod Connection Cable (Part # 3368425) will be 8544.42.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insulated wire, cable…: Other electric conductors, for a voltage not exceeding 1,000V: Fitted with connectors: Other: Other”. The rate of duty will be 2.6%.

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 Steve Pollichino at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division