CLA-2-90:RR:NC:MM:105 G86553
Ms. Kathleen Crawford
BDP International
1017 4th Avenue
Lester, PA 19029-1813
RE: The tariff classification of Infant Radiant Warmers from Germany
Dear Ms. Crawford:
In your letter dated January 19, 2001, for Drager, Inc., you requested a tariff classification ruling for the RH600.
No samples were provided, but brochures were.
You state that it is “an Infant Radiant Warmer with skin, manual and standby modes, adjustable examination light, integrated APGAR timer and 180 degree horizontal swivel range, and it is available in either free standing floor-stand or wall mount. It is 600 watts.”
The heater accepts input from devices that measure the infant’s skin temperature. That information is used in the determination of when the warmer should be turned on or off. You indicate that it is used exclusively in hospitals.
Explanatory Note IV-8 to Harmonized System Heading 9018 includes “Artificial incubators for babies”. Your item has the same main use, i.e., preventing illness in the infant due to its inability to maintain its own body temperature in the healthful range. Also, EN IV-7 includes in Actinotherapy Apparatus infra-red ray apparatus when it is used to treat certain diseases.
The item clearly goes far beyond the infra-red lamps, i.e., bulbs, provided for in HTS 85.39.
The applicable subheading for the RH600 will be 9018.20.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and appliances used in medical, surgical, dental or veterinary sciences, which are ultraviolet or infrared ray apparatus or parts and accessories thereof. The general rate of duty will be free.
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 James Sheridan at 212-637-7037.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division