CLA-2-90:OT:RR:NC:4:405
Mark Huntebrinker
Senior Manager, Global Logistics
Forest Pharmaceuticals
13600 Shoreline Drive
Earth City, MO 63045
RE: The tariff classification of a dose inhaler from Germany and/or Ireland.
Dear Mr. Huntebrinker:
In your letter dated October 22, 2012, you requested a tariff classification ruling. No samples were provided.
You state that your request concerns the inhaler itself when imported without any drugs within it. We understand the imports are not specially made models, but are identical to the ones that will be used by patients when filled with the respiratory drug.
From the information on www.tudorza.com/patient/Assets/pdf/tudorza_patientInformation.pdf#page=12, your Pressair unit has a button to push prior to inhalation, a counter showing how many doses remain, and an indicator to show whether or not the inhaler is ready for use and, after inhaling, whether or not the patient inhaled correctly. The patient inhales/draws in the drug via the Pressair’s mouthpiece using a quick and deep breath.
Headquarters Ruling Letter 089937 KCC, dated November 18, 1991, classified a similar Aerochamber in HTSUS 9019.20.00. To the extent that this differs from that item, this is more like the examples in Harmonized System Explanatory Note to 9019.
The applicable subheading for the Pressair, per se, will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof. The general 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