CLA-2-90:OT:RR:NC:N4:405
Karl F. Krueger
Radix Group International dba
DHL Global Forwarding
6120 Ace International Drive
Cudahy, WI 53110
RE: The tariff classification of Body Guardian System (BG) from Italy.
Dear Mr. Krueger:
In your letter dated May 25, 2012, received here July 18, 2012, on behalf of Preventice Inc., you requested a tariff classification ruling. No samples were provided.
According to your letter you are “requesting a ruling on each of two items: 1) the BG Control Unit’s electronic sensor (BG Control Unit), and 2) the electronic BG Control Unit’s charging cradle (Cradle), and a ruling on the classification if these two components are imported together…
“Preventice will be importing these items under the supplier part # SPMHBGW1… . Part # SPMHBGW1, consists of two BG Control Units and one charging cradle…
“The BG Device is worn underneath the patient’s clothes next to the skin and is able to monitor heart rate, Electrocardiography (ECG), respiratory rate and physical activity. The device has various settings that can set the level of information that is sent. It can be set to record and transmit information when the patient is having a significant cardiac event.”
Regarding the BG Control Unit’s electronic sensor (BG Control Unit), it is described as “a small rounded box that measures approximately 2.5” (l) x 2” (w) x 0.6” (h) and weighs approximately 37 grams. On one side it has a port for the BG SnapStrip electrode to plug into. It contains electronics and firmware so when worn by the patient along with the BG SnapStrip electrode it records ECG, heart rate, physical activity and respiration rate data and transmits the data to the BG Connect (Smartphone).”
When imported separately, we consider the BG Control Unit to be an unfinished patient monitoring apparatus under General Rule of Interpretation 2-a, not a part of one as you suggest, since it already has the essential character of the finished item, i.e., the measurement of various vital physiological parameters for a patient under medical care and a mechanism to export that information on a timely basis. The same applies to an importation of one BG Control Unit together with two BG Control Unit Charging Cradles.
Regarding the Charging Cradles imported separately, in general, separately imported parts or accessories, if identifiable as suitable for use solely or principally as parts or accessories of this kind of device (see General Harmonized System Explanatory Note III to Chapter 90) or of one particular item (see Headquarters Ruling Letter 965546, 8-6-02), are classified in its heading if not excluded from that heading by Note 2(a) or (c) to Chapter 90 or by HTSUS Add. US Rule of Interpretation 1-c (see HRLs 965968, 12-16-02, and 967233, 2-18-05) or from Chapter 90 by its Note 1.
In this case, whether or not the Charging Cradles are “identifiable” per the above, they are included, per se, in a heading of Chapter 85 (other than 8548) so they are excluded from Chapter 90 by its Note 2-a and are not classified in 9018.19.9560 as you propose.
The applicable subheading for the BG Control Unit, imported with or without a Charging Cradle, will be 9018.19.5500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Instruments and appliances used in the surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments...:Electro-diagnostic apparatus (including apparatus for functional exploratory examination or for checking physiological parameters); parts and accessories thereof: Other: Other: Patient monitoring systems. The rate of duty will be free.
The applicable subheading for the Charging Cradle will be 8504.40.9580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Static converters: Other: Other." The rate of duty will be 1.5 percent ad valorem.
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 BG Control Unit, imported with or without a Charging Cradle, contact National Import Specialist J. Sheridan at (646) 733-3012. If you have any questions regarding the Charging Cradle, contact National Import Specialist Linda M. Hackett at (646) 733-3015.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division