CLA-2-85:OT:RR:NC:N4 410
Jamal Ayache
Serene Group, Inc.
3401 E University Drive, Suite 206
Denton, TX 76208
RE: The tariff classification of a hearing aid vacuum cleaner from China
Dear Mr. Ayache:
In your letter dated December 23, 2024, you requested a tariff classification ruling.
The merchandise is identified as Hearing Aid Vacuum Cleaner, model HC-200. The picture in your
submission illustrates that the device comprises a cylindrical plastic housing containing a low-voltage motor
assembly (rated not exceeding 1,500 W), printed control board, battery compartment, and safety filter. A
detachable medical-grade nozzle is attached to one end of the housing with a push button on the other end.
Model HC-200 measures approximately 9.5 inches in length and 2.5 inches in diameter. It is designed for use
by patients in a home setting for the maintenance of their prosthetic hearing devices.
In use, the user attaches the detachable nozzle and cerumen collection chamber to the main unit. This nozzle
features a millimetric tip sized specifically for hearing aid receiver tubes. The DC micro-motor spins a
miniature impeller, creating a low-pressure suction zone. Air, cerumen (earwax), and moisture are drawn
through the nozzle tip. The heavier biological debris (wax) falls out of the airstream and is trapped inside the
collection chamber. The air passes through the safety filter at the intake to protect the motor and is exhausted.
The collected wax is removed by detaching and washing the plastic nozzle.
In your letter, you propose tariff classification under subheading 9021.90.4040, Harmonized Tariff Schedule
of the United States (HTSUS), as an accessory for hearing aids.
We disagree.
The Hearing Aid Vacuum Cleaner at issue and hearing aid perform two distinct functions. The Hearing Aid
Vacuum Cleaner does not serve a secondary or subordinate function to the hearing aid, nor does it directly
affect the hearing aid’s operation. Thus, an accessory relationship does not exist between them. Even if the
Hearing Aid Vacuum Cleaner were considered an accessory for hearing aids, it would not be classified in
subheading 9021.90.4040, HTSUS. Chapter 90 Note 2 (a) states that “parts and accessories which are goods
included in any of the headings of this chapter 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.” The Hearing Aid Vacuum Cleaner is a
vacuum cleaner that falls within the scope of a heading in Chapter 85. In addition, Additional U.S. Rules of
Interpretation Note 1(c) states that a provision for parts of an article covers products solely or principally
used as a part of such articles, but a provision for “parts” or “parts and accessories” shall not prevail over a
specific provision for such part or accessory. Therefore, based on the foregoing, subheading 9021.90.4040,
HTSUS, will not apply.
The applicable subheading for the Hearing Aid Vacuum Cleaner, model HC-200, will be 8508.11.0000,
HTSUS, which provides for “Vacuum cleaners, parts thereof: With a self-contained electric motor: Of a
power not exceeding 1,500 W and having a dust bag or other receptacle capacity not exceeding 20 l”. The
rate of duty will be Free.
The duties cited above are current as of this ruling’s issuance. 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
at https://hts.usitc.gov/.
This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other
charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other
duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the
classification stated above, the merchandise covered by this ruling may also need to be reported with either
the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions
covering exceptions to such tariffs.
For further information to assist with the importation process, please refer to the frequently updated Cargo
Systems Messaging Service (CSMS) messages at
https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and Frequently Asked Questions on
the Trade Remedy/IEEPA page at
https://www.cbp.gov/trade/programs-administration/trade-remedies/IEEPA-FAQ.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
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, please contact
National Import Specialist Michael Chen at [email protected].
Sincerely,
(for)
Evan Conceicao
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division