CLA-2-90:OT:RR:NC:N1:135
Ms. Nicole Bell
Cypress Import Brokerage, LLC
4345 Southpoint BLVD
Jacksonville, FL 32216
RE: The tariff classification of ECG electrodes from China
Dear Ms. Bell:
In your letter dated September 10, 2018, on behalf of Cypress Medical Products, you requested a tariff classification ruling. Samples were received, examined, and disposed of.
McKesson brand Foam Electrodes (Item #16-EMSECGP) are single-use, adhesive ECG electrodes and are specially designed to work with electrocardiograph machines. They are constructed of a metal snap, a label, a PE foam, a silver/silver chloride sensor (silver/silver chloride chemical electrode coated on the ABS plastic), and conductive adhesive hydrogel. Five electrodes adhere to a plastic strip with cut lines between the electrodes. Two strips are packed in an aluminum foil pouch.
The applicable subheading for the Foam Electrodes will be 9018.11.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Instruments and appliances used in medical, surgical, dental or veterinary sciences … parts and accessories thereof: Electro-diagnostic apparatus ...; parts and accessories thereof: Electrocardiographs, and parts and accessories thereof: Other.” The general rate of duty will be free.
Effective July 6, 2018, the Office of the United States Trade Representative imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. For additional information see “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). Products of China that are provided for in subheading 9903.88.01 and classified in one of the subheadings enumerated in U.S. note 20(b) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by subheading 9903.88.01.
Products of China classified under subheading 9018.11.9000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 9018.11.9000, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 https://hts.usitc.gov/current.
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 Fei Chen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division