CLA-2-90:OT:RR:NC:N1:135
Ms. Jennifer Zoeckler
Resuscitation International
16655 N 90th Street, Suite 101
Scottsdale AZ 85260
RE: The tariff classification of Disposables Packs from China
Dear Ms. Zoeckler:
In your letter dated July 18, 2018, you requested a tariff classification ruling.
The products under consideration are Disposables Packs (Part numbers A02-58-134 and A02-60-134). Part number A02-58-134 includes ten disposable packs, each containing one Torso Restraint and one Head Stabilizer Cover, packed and sold together in a case. Part number A02-60-134 includes five disposable packs, each containing an XL size Torso Restraint and a Head Stabilizer Cover, packed and sold together in a case. The Torso Restraint and the Head Stabilizer Cover are used with a ROSC-U™ Mini Chest Compressor, which is a compact CPR device that delivers consistent chest compressions (rate and depth), and are disposed of after each use. The Torso Restraint is said to be a cotton strap with one plastic ring (hook) each on left and right sides of the strap, which fastens with hook and loop fasteners. Based on the video on your website, the Torso Restraint is placed underneath and wrapped around patient’s back. The rings of the Torso Restraint are connected and secured to the metal hooks on both sides of the base of the compressor; then the Torso Restraint ends are pulled out and down tightly and firmly using the hook and loop fasteners to secure the fit; finally, the ends of the Torso Restraint are tucked under the patient for increased security. It is said that an important aspect to successful CPR using the ROSC-U is the torso restraint. It must be securely tightened in order for the compressor to successfully perform compressions. The Head Stabilizer Cover is made of 100 percent cotton fabric and measures approximately 7 inches by 6 inches. It has a sewn on hook and loop closure and features a narrow hook and loop strip sewn on to the bottom of the cover. A Head Stabilizer will be placed inside the cover. The hook and loop strip of the cover is used to attach to the Torso Restraint. The Head Stabilizer, which is not part of this ruling request, is stated to serve a dual purpose providing a head rest and also securing the Torso Restraint to provide stability during continuous operation of the compressor, especially during patient transport.
In your letter, you suggest classification under subheading 5903.10, Harmonized Tariff Schedule of the United States (HTSUS), as a textile fabric visibly impregnated, coated, covered or laminated with plastics. However, these items are articles, and therefore cannot be classified as a fabric. The Disposables Packs (Part numbers A02-58-134 and A02-60-134) are classified as a set at the time of importation and the essential character is imparted by the Torso Restraints.
The applicable subheading for the Disposables Packs will be 9018.90.7580, HTSUS, which provides for “Instruments and appliances used in medical, surgical, dental or veterinary sciences … parts and accessories thereof: Other instruments and appliances and parts and accessories thereof: Electro-medical instruments and appliances and parts and accessories thereof: Other: Other.” The general rate of duty will be free.
Effective July 6, 2018, the Office of the United States Trade Representative imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. For additional information see “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). Products of China that are provided for in subheading 9903.88.01 and classified in one of the subheadings enumerated in U.S. note 20(b) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by subheading 9903.88.01.
Products of China classified under subheading 9018.90.7580, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 9018.90.7580, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 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 Fei Chen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division