CLA-2-90:RR:NC:MM:105 G87999
Mr. Kayo Morales
Dieckilman Associates
3954 Bancroft St., #13
San Diego, CA 92104
RE: The tariff classification of an Oxygen Nasal Cannula from Malaysia
Dear Mr. Morales:
In your letter, dated March 5, 2001, you requested a tariff classification ruling.
The sample is essentially a plastic tube about 6 feet long with special plastic fittings at both ends. The packaging states, “Dispo-Med - Oxygen Nasal Cannula,” which we take to indicate that one end will be inserted up the patient’s nose and the other attached to an oxygen source and that it will be disposed after use. The nasal cannula is used to connect a patient to a source of oxygen. It consists of about five feet of plastic tubing, about .2 inch outside diameter, with an end connector, a "Y" connector, an adjustable double strand of smaller tubing attached to the nasal piece which is made of a soft plastic material. The nasal piece has two tips, about .5 inch long, to fit into each nostril.
You note possible classification in HTS 9019 or 9020. 9019 is clearly the more appropriate of the two since it will be used only for those whose difficulty with breathing has an internal, not an external, cause as is the case for the “Other Breathing Appliances” of HTS 9020.
The HTS language above HTS 9018.31 through .39 provides for “Syringes, needles, catheters, cannulae and the like.” However, the sample is an unusual “cannula” in that the insertion into the body cavity is very short. Also, Explanatory Note Exclusion k to Harmonized System Heading 9018 excludes the items of Heading 9019.
New York Ruling Letter 881431, dated January 7, 1993, classified a similar item in HTS 9019.20.
The applicable subheading for this item will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof.. The general rate of duty will be free.
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 212-637-7037.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division