CLA-2-90:TC:A15: MLL C84338
Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153
RE: The tariff classification of the "Plasmat-secura" machine from Germany.
Dear Mr. Hoffacker:
In your letter dated February 2, 1998 on behalf of B. Braun Medical, you requested a tariff classification ruling.
The Plasmat-secura is an apparatus which is used in a Heparin-induced Extracorporeal Lipoprotein Precipitation (H.E.L.P.) System. This device is used to cleanse the patient's blood outside the body through the use of chemicals and dialysis. The substance which the Plasmat-secura device is designed to remove is LDL cholesterol.
You have suggested in your letter a tariff classification in 9817.00.96, Harmonized Tariff Schedules of the United States ( HTSUS), which provides for Articles specially designed or adapted for the use or benefit of the blind or other physically handicapped persons. Note 4(a) to subchapter XVII defines the term for the purpose of classification 9817.00.96 HTSUS. It states " the term blind or other physically handicapped persons' includes 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". While use of this device may be beneficial to blood circulation or may prevent damage to the circulatory system, there is no reason to believe that those persons using the Plasmat-secura are handicapped within the definition of note 4(a).
The applicable subheading for the Plasmat-secura will be 9018.90.7520, HTSUS, which provides for Instruments and appliances used in medical, surgical, dental or veterinary sciences... :Other instruments and appliances...:Other: Electro-medical instruments and appliances...:Other:Other: Dialysis instruments and apparatus. The rate of duty will be 0.8 percent ad valorem.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.
Sincerely,
Robert M. Jacksta
Port Director
Washington, D.C.