CLA-2-84:OT:RR:NC:N1:102
Robert J. Leo
Meeks, Sheppard, Leo & Pillsbury
570 Lexington Avenue
24th Floor
New York, New York 10022
RE: The tariff classification of a pump from China
Dear Mr. Leo:
In your letter dated February 7, 2020, you requested a tariff classification ruling on behalf of your client, Respironics, Inc.
The pump, part number 1111388, is exclusively used with Respironics’ C5 LoFlo Sidestream Module, which is a CO2 capnography device used in hospitals, intensive care units, and emergency medical services. Respironics’ C5 LoFlo Sidestream Module is used to measure and monitor carbon dioxide levels in patients experiencing cardiopulmonary issues and respiratory insufficiency resulting from acute respiratory distress syndrome, acute respiratory failure, congestive heart failure, and chronic obstructive pulmonary diseases. The module is also used in outpatient surgical centers to monitor for sedation-induced depression and during cardio-pulmonary resuscitation to evaluate the adequacy of compressions, and to identify the Return of Spontaneous Circulation (ROSC). The closed-looped pump, which is an integral component of Respironics’ C5 LoFlo Sidestream module, consists of double-tubing barbs and a connector with a modified length. The pump draws a specific amount of vacuumed gas that is measured by a separate optical device.
In your letter, you suggest the pump is classified under subheading 9018.19.9560, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other
electro-medical apparatus and sight-testing instruments; parts and accessories thereof: Other: Other: Other: Parts and accessories. However, Note 2(a) to Chapter 90 states that parts and accessories which are goods included in any of the headings of Chapter 90 or of Chapter 84, 85 or 91 (other than heading 8487, 8548 or 9033), are in all cases to be classified in their respective headings. Heading 8414 provides for air or vacuum pumps. Therefore, in accordance with Note 2(a) to Chapter 90, the pump is excluded from heading 9018.
In accordance with GRI 1, the applicable subheading for the pump, part number 1111388, will be 8414.10.0000, HTSUS, which provides for Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; parts thereof: Vacuum pumps. The general rate of duty will be 2.5 percent ad valorem.
In your submission you also request consideration of a secondary classification under 9817.00.96, HTSUS, which applies to articles and parts of articles specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped. Chapter 98, Subchapter XVII, U.S. Note 4(a), HTSUS, defines the term “blind or other physically or mentally handicapped persons” as including “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.” In this instance, the pump is used in Respironics’ C5 LoFlo Sidestream Module. Based on the information provided, the module is used to measure and monitor carbon dioxide levels of patients in a variety of emergency situations and when undergoing various types of outpatient surgeries involving anesthesia. There is no indication that the module is specifically or only adapted for the use or benefit of the permanently or chronically physically or mentally handicapped. As such, the module does not meet the conditions set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). Accordingly, the secondary classification of 9817.00.96 will not apply to the subject pump, part number 1111388, which is exclusively used in Respironics’ C5 LoFlo Sidestream Module.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8414.10.0000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8414.10.0000, 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 the 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 Sandra Martinez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division