CLA-2-73:OT:RR:NC:N1:113
Mr. Jared Wessel Hogan Lovells US LLP
555 Thirteenth Street, NW Washington, DC 20004
RE: The tariff classification of helical springs made in China
Dear Mr. Wessel:
In your letter dated February 5, 2020, on behalf of your client Insulet Corporation, you requested a tariff classification ruling on helical springs. Descriptions and photographs of the subject springs were submitted for our review.
The articles under consideration are identified in your letter as the Battery Spring (Part Number 13805), Mechanism Spring (Part Number 13819), Rotational Sensor Spring (Part Number 13821), Piezo Spring (Part Number 13822) and Hook Switch Spring (Part Number 13823). The subject articles are five steel helical springs that were designed for exclusive use as integral components of the Insulet Omnipod Insulin Management System POD (Omnipod). The Omnipod is a small adhesive backed device that patients apply to their bodies in areas where insulin injections would otherwise be made. The springs at issue are imported solely for use by Insulet in the manufacture of the Omnipod and are not sold or distributed to any other parties for use in other products.
You stated that “The Battery Spring is custom wound and designed to apply a certain, target load on the battery to ensure electrical contact is always made with the printed circuit board assembly (PCBA)…The Mechanism Spring is a custom wound, single pitch torsion spring with a square wire cross section and is designed to apply a fixed torque to the linkage component…The Rotational Sensor Spring is a custom wound, 3-pitch spring that is multi-diameter and designed to press fit into the chassis for retention, while making electrical contact with a rotational element associated with the drive mechanism and the PCBA…The Piezo Spring is a custom wound, 2-body spring that is designed to fit into the chassis for retention, while making electrical contact with a remotely located electrical pad on the PCBA and the Piezo Element…The Hook Switch Spring is a custom wound, 2-pitch spring that is designed to press fit into the chassis for retention, while making electrical contact with the PCBA and another electrical component that completes a circuit associated with the pumping mechanism.”
The applicable subheading for the Battery Spring (Part Number 13805), Mechanism Spring (Part Number 13819), Rotational Sensor Spring (Part Number 13821), Piezo Spring (Part Number 13822) and Hook Switch Spring (Part Number 13823) will be 7320.20.5020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for springs and leaves for springs, of iron or steel: helical springs: other, helical springs, of wire having a cross-sectional dimension of less than 5.1 mm, other. The rate of duty will be 3.9 percent ad valorem.
In your submission you requested consideration of a secondary classification for the subject steel helical springs under 9817.00.96, HTSUS, which applies to articles and parts of articles specifically 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.”
We note that in HQ 561020 dated October 14, 1998, Customs and Border Protection (CBP) held that people with diabetes suffer from a permanent or physical impairment within the meaning of U.S. Note 4(a) to Chapter 98 of the HTSUS. In HQ 562869 dated December 23, 2003, CBP held that a pump designed for individuals suffering from diabetes or glucose control problems was an article specifically designed or adapted for the handicapped and is properly classified under 9817.00.96 for secondary classification purposes. In N292225 dated December 18, 2017, CBP held that Insulet’s Insulin Delivery Omnipod was classified under 9817.00.96 for secondary classification purposes.
You indicated that the springs under consideration have been specifically designed with physical features that make the springs suitable for use in the Omnipod, and that use of the springs in other than the Omnipod would necessitate redesign to account for the spring’s unique features or modification to fit the product. Based on the physical properties of the subject springs in their condition as imported, the springs are intended for use in the Onmipod which CBP has determined is for use by the handicapped.
Based on the information provided, it is the opinion of this office that the Battery Spring, Mechanism Spring, Rotational Sensor Spring, Piezo Spring and Hook Switch Spring are specifically designed for use by the handicapped for secondary classification purposes. In our view, the springs satisfy the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). Therefore, we agree that a secondary classification would apply to the springs under 9817.00.96, HTSUS, and will be free of duty and the Merchandise Processing Fee (MPF) upon importation into the United States.
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 Ann [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division