CLA-2-90 OT:RR:NC:N2:235
Ms. Karia Herrera
R.L. Jones Customhouse Brokers
8830 Siempre Viva Rd.
Suite 100
San Diego, CA 92154
RE: The tariff classification of the Clinician Programmer from Mexico.
Dear Ms. Herrera:
In your letter dated June 12, 2015, on behalf of Greatbatch Medical SA., you requested a tariff classification ruling. No sample was submitted.
The item is identified as the Clinician Programmer model 4500, which is described as a handheld portable computer with a graphical user interface to program a Pulse Generator (PG) for spinal cord stimulation. Physicians use the Clinician Programmer during inter-operative test stimulation and post-operative patient evaluation to design stimulation therapy. The device has the software to set parameters and mapping processes and physicians can configure and test treatment programs. It can also display and configure the current Pulse Generator status, perform diagnostics on the Pulse Generator, display usage logs, and pairs the Programmer Charger and Pocket Programmer to the Pulse Generator. The Clinician Programmer offers the physician information to facilitate and aid in the physician’s treatment plan.
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You have suggested classification under tariff subheading 8471.90.0000, HTSUS, which provides in part for “Automatic data processing machines and units thereof;…: Other.” We disagree.
Although it is stated to meet the conditions of an automatic data processing (ADP) unit, it appears to have a dedicated function other than data processing. Based on legal note 5(E) to chapter 84, the subject merchandise would be classified in the heading appropriate to its respective function or, failing that, in a residual heading.
The applicable subheading for the Clinician Programmer model 4500 will be 9018.90.7560, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other therapeutic electro-medical instruments and appliances.” 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 Kimberly Praino at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division