CLA-2-90:OT:RR:NC:N3:135
Mr. Noah Kingston
MY01 Inc.
85 Saint Paul O
Montreal, QC H2Y3V4
Canada
RE: The tariff classification of a Continuous Compartmental Pressure Monitor from Canada
Dear Mr. Kingston:
In your letter dated November 14, 2019, you requested a tariff classification ruling. Additional information was provided via two email messages on November 21, 2019. The sample received will be returned, as requested.
MY01 Continuous Compartmental Pressure Monitor is a single use disposable medical device comprised of two major elements, the Introducer and the Pressure Monitor. The introducer is composed of a needle connected to an open box-like plastic handle, which holds the pressure monitor. The pressure monitor contains an electronic assembly, which consists of the batteries, rigid printed circuit board (PCB), and flexible printed circuit board (FPCB), housed in a plastic casing. The FPCB is extended from the monitor and the end of the FPCB is fitted with what is described as a small stiffener, which will be attached to the needle of the introducer, to aid insertion into the patient. The pressure monitor also has an LCD screen and a button on the front. The Continuous Compartmental Pressure Monitor arrives fully assembled and individually packaged inside a sterilized thermoform tray. Once inserted into the patient, the pressure monitor is able to provide continuous monitoring of the subject’s intramuscular pressure for up to 24 hours, displaying information via the LCD screen. The introducer will be discarded after the insertion. The device will be used by a physician as an aid in the diagnosis of acute compartment syndrome.
In your letter you suggest that the Continuous Compartmental Pressure Monitor would be classified in subheading 9018.19.5500, Harmonized Tariff Schedule of the United States (HTSUS), as a patient monitoring system. We disagree because the device is not designed for vital sign monitoring and could not generate alarms due to variations that is needed, for example, in an Intensive Care Unit.
The applicable subheading for the Continuous Compartmental Pressure Monitor will be 9018.19.9550, HTSUS, which provides for “[i]nstruments and appliances used in medical, surgical, dental or veterinary sciences …: [e]lectro-diagnostic apparatus …: [o]ther: [o]ther: [o]ther: [o]ther apparatus.” 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 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