CLA-2-84:OT:RR:NC:N1:102
Robert J. Leo
Meeks, Sheppard, Leo & Pillsbury
570 Lexington Avenue
24th Floor
New York, New York 10022
RE: The tariff classification of a blower assembly from China
Dear Mr. Leo:
In your letter dated December 22, 2019 you requested a tariff classification ruling on behalf of your client, Respironics, Inc. A sample was provided and is being returned to you.
The blower assembly, part number 1116486, is exclusively used with Respironics DreamStation bilevel positive airway pressure (BiPAP) or continuous positive airway pressure (CPAP) machines. The centrifugal blower assembly consists of an impeller, a custom-shaped outlet that specifically connects to the blower boxes of Respironics BiPAP and CPAP machines, a brushless DC motor, an enclosure, a steel shaft, wiring, and a connector that connects the blower to the printed circuit board assembly, which contains programmed software and circuitry needed for the blower to operate. The design of the blower assembly fits the blower box inside the BiPAP and CPAP machines and once installed in the blower box, the blower assembly provides the needed airway pressure used to treat individuals who suffer from obstructive sleep apnea, a chronic respiratory ailment.
The applicable subheading for the blower assembly, part number 1116486, will be 8414.59.6560, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; parts thereof: Fans: Other: Other: Other: Other: Centrifugal. The general rate of duty will be 2.3 percent ad valorem.
In your submission you request consideration of a secondary classification for the blower assembly under 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.” In support of your request you state CBP has determined that the BiPAP and CPAP machines, in which the blower assembly is exclusively used, are eligible for the secondary classification of HTSUS 9817.00.96 and reference New York Rulings N172236, dated July 22, 2011, and N308133, dated December 18, 2019. In these rulings, CBP determined that BiPAP and CPAP machines used to treat individuals with respiratory afflictions were specifically designed and adapted for the benefit of persons suffering from a chronic physical impairment and as such, eligible for the secondary classification under HTSUS 9817.00.96, as chronic respiratory illnesses satisfy the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). Therefore, being that the subject blower assembly is exclusively used with Respironics BiPAP or CPAP machines, we find the secondary classification of 9817.00.96 will apply to the blower assembly, part number 1116486.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8414.59.6560, 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., 9903.88.03, in addition to subheading 8414.59.6560, HTSUS, listed above.
Please note the additional duties imposed by subheading 9903.88.03 do not apply to goods for which entry is properly claimed under a provision of chapter 98 of the HTSUS, except for goods entered under subheadings 9802.00.40, 9802.00.50, and 9802.00.60, and subheading 9802.00.80. For subheadings 9802.00.40, 9802.00.50, and 9802.00.60, the additional duties apply to the value of repairs, alterations, or processing performed abroad, as described in the applicable subheading. For subheading 9802.00.80, the additional duties apply to the value of the article less the cost or value of such products of the United States, as described in subheading 9802.00.80.
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 Sandra Martinez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division