CLA-2-85:OT:RR:NC:N2:212
Salvatore Lombardo
HOC USA Inc.
40 La Riviere Drive
Buffalo, NY 14202
RE: The tariff classification of an ozone sterilizer from China
Dear Mr. Lombardo:
In your letter dated August 12, 2022, you requested a tariff classification ruling on behalf of your client, TriOx, LLC.
The merchandise under consideration is identified as the TriOx Rapid Ozone Sleeve Sterilizer (ROSS), which is described as a sterilizing device used specifically for the cleaning of prosthetic silicone sleeves. The subject device is comprised of a base unit containing the ozone chamber, fan, and printed circuit board assembly (PCBA). The base further incorporates an on/off switch with LED indicator and the power cable. On top of this base is an inner cylinder and outer plastic lid.
In use, a prosthetic sleeve worn on an amputee’s limb is placed on top of the inner cylinder for sterilization. The ozone generator within the base, which consists of a transformer and corona plate, charges the oxygen within the unit to create the ozone. This ozone is then circulated throughout the device via the fan in order to sterilize the sleeve. The user can choose between two wash cycles, depending on how much sterilization is needed. The device indicates via LED light as well as an audible alarm that the cycle is complete, and the sleeve can be removed.
In your request, you state that the correct classification for the subject device is 8543.70.9860, Harmonized Tariff Schedule of the United States (HTSUS). We agree
The applicable subheading for the TriOx ROSS will be 8543.70.9860, 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.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8543.70.9860, 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 8543.70.9860, 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