CLA-2-85:OT:RR:NC:N1:112
Sunny Kim
Compliance Analyst
James J. Boyle and CO.
1200 Corporate Center Dr.
Monterey Park, CA 91754
RE: The tariff classification of electrical leads, for pacemakers or defibrillators, from Germany or Switzerland
Dear Ms. Kim:
In your letter dated February 12, 2013, you requested a tariff classification ruling on behalf of your client, Biotronik, Inc.
The items concerned are electrical leads that are used with a pacemaker or defibrillator. There are 5 models in question (Model #s 338025, 355148, 350053, 346368, 333902). Each model consists of insulated electrical conductors with specialized connectors on one end and an electrode assembly on the opposite end. The insulated conductors are constructed in a co-radial coil configuration.
The primary function of the leads is to facilitate the transfer of electrical impulses from the pacemaker or defibrillator to the heart. The leads are inserted through an incision in the major vein under the clavicle and threaded/positioned inside the heart.
The applicable subheading for the each of the pacemaker/defibrillator leads (Model #s 338025, 355148, 350053, 346368, 333902) will be 8544.42.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insulated wire, cable…: Other electrical conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Other.” The general rate of duty will be 2.6%.
Regarding these leads, you have asked about the possibility of a secondary classification in HTSUS 9817.00.96. From the information which you have supplied regarding their construction and features, these items were specially designed for use as parts of implanted pacemakers/defibrillators, which Headquarters Ruling Letter 556243, dated December 2,1991, et al, have found to be described by HTSUS 9817.00.96.
Since they were specially designed for use in pacemakers/defibrillators, a secondary classification will apply for these items in HTS 9817.00.96, as parts which were specially designed or adapted for use in articles which were specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped (except articles for the blind.) Note that the requirement that the importer prepare and file a U.S. Department of Commerce form ITA-362P has been eliminated via a notice from the International Trade Administration, published in the Federal Register of June 1, 2010. Also note that this classification has no effect on any quota, visa, or restricted merchandise requirements or countervailing or dumping duties.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 specifically regarding the classification in 9817.00.96 of this item, contact National Import Specialist J. Sheridan at 646-733-3012. If you have any other questions regarding the ruling, contact the National Import Specialist at (646) 733-3008.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division