CLA-2-85:OT:RR:NC:N2:212
Robert Leo
Meeks, Sheppard, Leo & Pillsbury
570 Lexington Avenue
New York, NY 10022
RE: The tariff classification of a positional sleep device from China
Dear Mr. Leo:
In your letter dated December 23, 2019, you requested a tariff classification ruling on behalf of your client, Respironics, Inc.
The merchandise at issue is identified as the Positional Snoring Device, part number 884371060540. The device is described as a sleep position trainer that monitors, tracks, and notifies the user of their sleep position in order to prevent snoring caused by sleeping on the back. The device is retail packaged with a snoring relief pebble, chest strap, charging cable, and charging port.
In use, the snoring relief pebble is placed within the chest strap and worn around the user’s midsection while they sleep. The pebble utilizes an accelerometer to detect when the user is positioned on their back. Once this position is detected, the pebble vibrates to alert the user to turn onto their side. The vibrations will then cease until movement to the undesired position is registered again. The pebble also contains a digital readout that displays the response rate of the user, how many hours they were in bed, and how long they were recognized to be on their back.
In your request, you state that the correct classification of the sleep device is 9018.19.9560, Harmonized Tariff Schedule of the United States (HTSUS). We disagree.
The proposed classification of heading 9018, HTSUS, provides for “[i]nstruments and appliances used in medical, surgical, dental or veterinary sciences; parts and accessories thereof.” The product is intended for home use by individuals, rather than in medical environments by professionals to make a diagnosis, prevent or treat an illness, or perform surgery. As such, classification under heading 9018, HTSUS, is precluded. In addition, the claim made on PHILIPS’ website, “[t]his product is not a medical device and is not intended for use in the mitigation and treatment of disease or conditions including POSA (Positional Obstructive Sleep Apnea),” further supports our findings.
The device, as described, meets the definition of “goods put up in sets for retail sale” as defined in General Rule of Interpretation (GRI) 3(b). GRI 3(b) provides that such sets are classified by the component that imparts the essential character. It is the opinion of this office that the snoring relief pebble imparts the essential character. As this module incorporates multiple functions, both notification and detection, it is considered a composite machine and should be classified pursuant to Note 3 to Section XVI of the HTSUS by the principal function of the unit. In our view, the ability to notify the user of their position, inaudibly through a vibration, is the principal function.
The applicable subheading for the Positional Snoring Device, part number 884371060540, will be 8543.70.9960, HTSUS, which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” The general rate of duty will be 2.6% ad valorem.
In your submission, you propose a secondary classification of 9817.00.96, HTSUS, which applies to articles and parts of articles specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped. Chapter 98, Subchapter XVII, U.S. Note 4(a), HTSUS, defines the term “blind or other physically or mentally handicapped persons” as including “any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking breathing, learning, or working.”
You state that the subject device is designed to prevent individuals from snoring, which, in turn, alleviates symptoms caused by sleep deprivation. Further, you state that snoring can be caused by sleep apnea, a recognized chronic breathing disorder. Though we agree that sleep apnea is a chronic disorder, we disagree that this device is primarily designed to treat the illness. Not all individuals who suffer from nighttime snoring brought on by sleep position are diagnosed with sleep apnea. Due to this fact, we are of the opinion that the device does not meet the conditions set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a), HTSUS, as they are not specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped. As such, subheading 9817.00.96, HTSUS, is not applicable.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8543.70.9960, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8543.70.9960, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the Section 301 trade remedy, you may refer to the relevant parts of the USTR and CBP websites, which are available at:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china
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 the 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 Luke LePage at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division