CLA-2-85:OT:RR:NC:N2:220
Robert Leo
Meeks, Sheppard, Leo & Pillsbury
570 Lexington Avenue
New York, NY 10022-6850
RE: The tariff classification of power supplies from China
Dear Mr. Leo:
In your letter dated May 22, 2020 you requested a tariff classification ruling on behalf of your client, Respironics, Inc.
The first item under consideration is identified as the AC/DC Adaptor Assembly, PN 1116790, which you describe as power supplies used exclusively with the Respironics SimplyGo Mini Portable Oxygen Concentrator (POC). The function of the power adaptor is to charge the POC’s battery pack by connecting it to a standard wall outlet. This AC/DC power adapter converts the alternating current input of 100-240 V to an output of 19 V with 6.3 A maximum direct current output.
The second item under consideration is identified as the DC/DC Adapter Assembly, PN 1116791, which you describe as a power supply used exclusively with the Respironics SimplyGo Mini POC. The function of this converter is to charge SimplyGo battery pack when the device is used in an automobile by plugging the device into the vehicle’s 12 V accessory socket. The DC/DC Power Supply Adapter converts 11.5 to 16 V direct current input to a 19 V direct current output.
You state that both power adapters have a specialized output that is uniquely designed to work solely with the SimplyGo Mini POC, which has design limitations that limit its use with the subject adapters. You also indicate that the power adapters are designed and dedicated for use with SimplyGo POC batteries and are produced to meet certain medical device regulatory and safety requirements. We would note that these Power Supplies do not supply primary power directly to the SimplyGo POCs for the operation of the machine and only charge the battery packs.
In your request, you suggest the power adapters should be classified under 8504.40.9520, Harmonized Tariff Schedule of the United States (HTSUS). We agree with this classification for the AC/DC Adaptor Assembly, PN 1116790, only. As the DC/DC Adapter Assembly, PN 1116791 does not rectify electricity, but is a DC-to-DC converter, classification under subheading 8504.40.9520, HTSUS is not appropriate.
The applicable subheading for the AC/DC Adaptor Assembly, PN 1116790, will be 8504.40.9520, HTSUS, which provides for “Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: static converters other: rectifying and rectifying apparatus: power supplies: with a power output exceeding 50 W but not exceeding 150 W.” The general rate of duty will be Free.
The applicable subheading for the DC/DC Adapter Assembly, PN 1116791, will be 8504.40.9580, HTSUS, which provides for “Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: Static converters: Other: Other.” The general rate of duty will be Free.
In your submission, you request consideration of a secondary classification for the subject power adapters under subheading 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 power supplies are uniquely designed to work exclusively with the Respironics SimplyGo Mini Portable Oxygen Concentrators battery pack. Based on the information provided, the SimplyGo Mini devices are specifically designed for individuals with profound chronic breathing issues. In our view, chronic breathing issues satisfy the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). As such, a secondary classification will apply to the AC/DC Adaptor Assembly, PN 1116790 and the DC/DC Adapter Assembly, PN 1116791, under 9817.00.96, HTSUS, which affords free duty treatment aside from any additional duties and/or applicable fees 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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division