CLA-2-90:RR:NC:MM:105 D84073
Mr. Charles Di Prinzio
A.N. Deringer Inc
46725 Interstate 81
Alexandria Bay, NY 13607
RE: The tariff classification of devices used in sleep disorder
studies from Canada
Dear Mr. Di Prinzio:
In your letter, dated October 20, 1998, for Braebon Medical,
you requested a tariff classification ruling.
Your letter requested the classification of four items: 0510
Airflow Sensor, 0520 Effort Sensor, 0522 Effort Sensor, and 0530
Body Position Sensor. You included samples, each in their own
plastic bag with descriptive sheets, for the 0510, 0522, and
0530, but none for the 0520 so we will not be able to rule
specifically upon it. You included a separate fabric strap with
plastic fittings, 0526, but you have not asked for its
classification nor given any information about it.
The Airflow Sensor, 0520, fits the literal language of
heading 9026 in that it is an apparatus for measuring the flow of
a gas, here exhaled air. However, it does not directly measure
the flow, which is characteristic of the apparatus in 9026, but
reacts to the temperature of the exhaled air. Since, as you
indicate, respiration does warm the exhaled air, its temperature
is used by the device to approximate the flow. This is a highly
specialized apparatus which can give air flow "measurements" only
for respiration. It thus is not well described by 9026.
The applicable subheading for the 0510, 0522, and 0530 will
be 9018.19.9550, Harmonized Tariff Schedule of the United States
(HTS), which provides for, inter alia, other apparatus for
checking physiological parameters. The general rate of duty will
be .8 percent ad valorem.
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 James
Sheridan at 212-466-5669.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division