CLA-2-94 OT:RR:NC:N2:235
Ms. Julie Vair
Expeditors Tradewin, LLC
1015 Third Avenue
7th Floor
Seattle, WA 98104
RE: The tariff classification of an ultrasound cart frame from China.
Dear Ms. Vair:
In your letter dated May, 19, 2015, on behalf of National Industrial Concepts, Inc., you requested a tariff classification ruling. No samples were provided.
The merchandise at issue are components, which upon importation into the United States, are assembled together as part of the frame of an ultrasound cart. The items are constructed of different materials, including stainless steel, an aluminum alloy, a zinc alloy, and glass filled nylon. Based on the spec sheets provided with your submission, the components have been advanced in condition beyond mere profiles, as these parts have been specially machined and shaped in a manner that will allow them to be further incorporated into a finished ultrasound cart. The ultrasound scanning apparatus equipment is provided separately. The cart cannot be used for any other purpose and is specifically designed for use only as an ultrasound cart.
You have proposed classification in tariff subheading 9018.19.9560, (HTSUS), which provides for, inter alia, parts and accessories of electro-diagnostic apparatus. You cite New York Ruling Letter N25565 to support your proposal, which classified an ultrasound catheter as a part or accessory of electro-diagnostic apparatus of Chapter 90. However, we do not consider an ultrasound catheter analogous to the subject merchandise. A transducer, which sends and receives the ultrasound’s sound waves, was contained within the catheter. The catheter was used for insertion into the patient’s body for diagnostic purposes. The subject merchandise is part of the frame of a cart the ultrasound machine sits on. The subject merchandise is not necessary to make the ultrasound machine work, nor is it similar to the exemplars listed in the Explanatory Notes for heading 9018. Furthermore, Note (r) of the Explanatory Notes to heading 9018, excludes medical or surgical furniture.
The applicable subheading for the ultrasound cart frame components will be 9402.90.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Medical, surgical, dental or veterinary furniture…..and parts thereof: Other; Other.” The rate of duty will be Free.
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 regarding the ruling, contact National Import Specialist Kimberly Praino at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division