CLA-2-90:OT:RR:NC:N4:405

John G. Jakubowski, CCS
Manager, Trade & Customs Advisory Services
FedEx Trade Networks
7075 Ordan Dr.
Mississauga, Ont. L5T 1K6 Canada

RE:      The tariff classification of a remote mandible positioner system from Canada.

Dear Mr. Jakubowski:

In your letter dated November 10, 2011, on behalf of Zephyr Sleep Technologies, Inc., you requested a tariff classification ruling.  No samples were provided. 

The imported system, CKT-0000001-0001, is attached to the jaw (mandible) of a patient during a sleep study to remotely move the jaw forward in small increments to determine how far the jaw would have to be held forward to alleviate the symptoms of Obstructive Sleep Apnea for those patients for whom it will do so.  

The system consists of the tray(s) that attaches to the patient’s jaw, an electric motor, a controller and various electrical connecters and other subsidiary items. 

The Electro-diagnostic apparatus of Subheadings 9018.11 through 9018.19 includes apparatus “for checking physiological parameters.”

The applicable subheading for the CKT-0000001-0001 will be 9018.19.9550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” Electro-medical instruments and appliances and parts and accessories thereof. 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