CLA-2-85:OT:RR:NC:N1:112
Kin-Joe Sham
Vice President of R&D, Operations
OrthoCor Medical, Inc.
1000 Westgate Drive
Minneapolis, MN 55114
RE: The tariff classification of OrthoPods from China
Dear Mr. Sham:
In your letter dated April 29, 2010, you requested a tariff classification ruling.
The item concerned is referred to as an OrthoPod. OrthoPods are single use electronic components to a multiple-use therapy delivery cuff, the OrthoCor Active Knee System. At time of importation, fifteen pairs of single use OrthoPods will be package together, ready for retail sale.
The OrthoCor Active Knee System consists essentially of a neoprene therapy delivery cuff that contains coils/electrical components that emit/generate a low pulsed electromagnetic field (PEMF). The pulsed electromagnetic field is stated to provide healing properties. The therapy delivery cuff is specifically designed to be placed around a specific injured joint. The PEMF that is generated by the delivery cuff is used to treat postoperative pain and edema in superficial soft tissues.
The OrthoPods consist of electrical components within a plastic outer housing. These one time use items contain a heating element and other electrical components which allow them to act as the “On/Off” switch for the multiple-use therapy delivery cuff. The multiple-use therapy delivery cuff needs to have two OrthoPods inserted into its pod docking ports in order to initiate treatment. The pods last for a specific amount of time. When they burn out, they turn off the system ending the therapy session. The pods will be available through prescription only. This enables a doctor to prescribe a specific amount of therapy sessions. Each pair of OrthoPods is equal to one therapy session. The heat generated by the pods is used mainly as a tangible method of allowing the user to recognize that the therapy session is taking place. Once the heat stops, the patient knows that the session is over. The OrthoPods last for only one session.
You suggest classification of the OrthoPods under HTS 9018.90.7560, which provides for “other” electro-medical instruments and appliances. To support your claim you cite New York Ruling Letters I85148 – 105, September 4, 2002, and I86679 – 105, October 15, 2002. The devices covered by those two ruling letters differ significantly from your product. The PEMF devices covered by those rulings are large, expensive devices that are designed to be installed in hospitals or clinics, the use of which is directed by a qualified medical professional. The Harmonized System Explanatory Note to Heading 9018 states that the heading covers instruments and appliances used only in professional practice (e.g. by doctors, surgeons, dentists, etc) to make a diagnosis or, to prevent or treat an illness, or to operate. The OrthoPods are a component of a device that is designed to be worn by an individual, and is not used by a medical professional. This being the case, the OrthoPods would not be classified in Heading 9018.
The applicable subheading for the Orthopods will be 8543.90.8880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Parts: Other: Other: Other: Other.” The general 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 Steven Pollichino at (646) 733-3008.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division