CLA-2 CO:R:C:G 082973 JMH
Mr. Robert J. Sencen
Tele-Art Marketing, USA
1416 38th Street
Brooklyn, NY 11218
RE: Digital Blood Pressure Machines from Hong Kong
Dear Mr. Sencen:
Your letter of July 12, 1988, requesting a classification
ruling for your Digital Blood Pressure Machines from Hong Kong
has been forwarded to this office for a reply.
FACTS:
The merchandise in question are Digital Blood Pressure
Machines imported from Hong Kong. The machines are electronic
blood pressure measuring instruments which are also equipped with
a pulse meter function. They allow blood pressure readings to be
taken without the use of a stethoscope and appear to be suitable
for use in the home. Four of the five models submitted operate
on four 1.5 v UM3 batteries.
ISSUE:
What is the proper classification under the Harmonized
Tariff Schedule of the United States (HTSUSA) for the Digital
Blood Pressure Machines?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's). GRI 1 states in
part that "for legal purposes, classification shall be
determined according to the terms of the headings and any
relative section or chapter notes..." The relevant heading is
9018, HTSUSA. Heading 9018, HTSUSA, describes "Instruments and
appliances used in medical, surgical...sciences...other electro-
medical apparatus...parts and accessories thereof..."
-2-
There are no section or chapter notes pertaining
specifically to heading 9018, HTSUSA. We may also examine the
Explanatory Notes of the Harmonized Commodity Description and
Coding System (HCDCS). The Explanatory Notes, although not
dispositive, should be looked to for the proper interpretation of
the HTSUSA. See 54 Fed. Reg. 35127, 35128 (August 23, 1989).
Explanatory Note 90.18, HCDCS, Vol. 4, p. 1487, states that
"This heading covers a very wide range of instruments and
appliances which, in the vast majority of cases, are used only in
professional practice...either to make a diagnosis, to prevent or
treat an illness or to operate, etc." Although the instruments
in question are designed for laymen, not medical professionals,
their function is the same as the other apparatus mentioned in
Explanatory Note 90.18 -- to monitor the physical health of
the patient.
In the opinion of this office, the fact that the patient is
also the user of these machines does not exclude these devices
from heading 9018, HTSUSA. The purpose for utilizing these
instruments is intrinsically medical. These Digital Blood
Pressure Meters are electro-medical apparatus within heading
9018, HTSUSA, even though they are not within that vast majority
of instruments which are used only in professional practice.
HOLDING:
The Digital Blood Pressure Meters to be imported from Hong
Kong are classified within heading 9018.90.70. The rate of duty
is 4.2 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division