CLA-2-90:OT:RR:NC:N4:405
T Ben Hamadi
Laufer Group International
20415 72nd Avenue South
Suite 160
Kent, WA 98032
RE: The tariff classification of compressible sleeves from China.
Dear Mr. Hamadi:
In your letter dated September 5, 2012 you requested a tariff classification ruling. Five samples were provided.
Your description of them is as “medical thrombosis prevention sleeves for foot, calf & thigh (limb compressible sleeve).”
The calf items are imprinted “ALP Alternating Leg Pressure – Venous Thromboembolism Prevention System,” and that is an appropriate description for all of them. The connection for air tubing can be seen in the corner of each item. Their use reduces the need for manual therapeutic massage by a nurse, etc. to reduce the likelihood of clotting in various situations.
You propose classification in HTSUS 9019.10.2035 as Massage apparatus, powered by an AC adapter. The imports do not include an AC adaptor. One may be used with the specialized pump (not part of the imports) that will supply the air pressure to cause the variable compression in the sleeve, but the imports are better described as parts or accessories of the full massage apparatus as in New York Ruling Letter M80645 – 105, dated March 1, 2006. They are clearly identifiable for as suitable for use solely as part of a Thromboembolism Prevention System.
Separately imported parts or accessories 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. We find none of those exclusions to apply.
The applicable subheading for these sleeves will be 9019.10.2090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, Parts and accessories of massage apparatus. 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,
Thomas J. Russo
Director
National Commodity Specialist Division