CLA-2 CO:R:C:M 952720 RFA
District Director of Customs
555 Battery Street
P.O. Box 2450
San Francisco, CA 94126
RE: IA 56/92; Digital Blood Pressure Machines;
Sphygmomanometers; 9018.19.80; 9018.90.70; PC 874257,
Revoked; PC 864808, Revoked; HQ 082973, Revoked
Dear District Director:
This is in response to your memorandum of August 14, 1992
(CLA-2-90-:SF:T2:WP), requesting internal advice (IA 56/92) on
behalf of A&D Engineering, Inc.'s Medical Division, for the
proper classification of digital blood pressure machines under
the Harmonized Tariff Schedule of the United States (HTSUS). We
have been asked to review pre-classification rulings PC 874257
(June 2, 1992) and PC 864808 (August 9, 1991), as well as HQ
082973 (October 4, 1989), which relate to the classification of
digital blood pressure machines.
FACTS:
The merchandise in question are digital blood pressure
machines, A&D Engineering Inc.'s Medical Division model numbers
UA-731, UA-701, and UA-711. The machines which perform like
sphygmomanometers, are electronic blood pressure measuring
instruments which allow blood pressure readings to be taken
without the use of a stethoscope. The machines contain a
microphone which picks up the arterial pulsating sound and
transforms it into an electrical impulse that controls the
operation of the electronic devices in the manometer unit. All
three models submitted operate on batteries.
ISSUE:
Are the described devices sphygmomanometers or are they
other electro-medical instruments and appliances under the HTSUS?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes, and if not, by the following
GRI's, taken in order.
In HQ 082973, we stated that digital blood pressure machines
are classifiable under subheading 9018.90.70, HTSUS, which
provides for "[i]nstruments and appliances used in medical,
surgical, dental or veterinary science. . .[o]ther instruments
and appliances. . .[o]ther. . .electro-medical instruments and
appliances. . . [o]ther."
In PC 874257 and PC 864808, you stated that digital blood
pressure machines were held to be classifiable under subheading
9018.19.80, HTSUS, which provides for "[i]nstruments and
appliances used in medical, surgical, dental or veterinary
science. . ..[e]lectro-diagnostic apparatus. . .[o]ther. . .
[o]ther."
Subheading 9018.90.50, HTSUS, describes "[i]nstruments and
appliances used in medical. . .[o]ther instruments and appliances
and parts. . .[s]phygmomanometers. . ." Stedman's Medical
Dictionary (25th ed., Illustrated), at page 1448, defines
sphygmomanometer as "an instrument for measuring arterial blood
pressure consisting of an inflatable cuff, inflating bulb, and a
gauge showing the blood pressure."
The subject digital blood pressure machines contain a
microphone which picks up the arterial pulsating sound and
transforms it into an electrical impulse that controls the
operation of the mechanical devices in the manometer unit.
Although this feature is not described in the above cited
definition of the sphygmomanometer, it is our position that this
factor should not preclude the articles from being classified as
sphygmomanometers. It is a fundamental and longstanding tariff
classification principle that an eo nomine designation of an
article, absent legislative intent or other contrary limitations,
includes all forms of an article.
The purpose of the device is to measure an individual's
blood pressure and it should be classified as a sphygmomanometer.
The proper classification of the devices are as sphygmomanometers
under subheading 9018.90.50, HTSUS.
HOLDING:
The digital blood pressure machines are classified as
sphygmomanometers in subheading, 9018.90.50, HTSUS. The column
1, general rate of duty is 3.4 percent ad valorem. This notice
to you should be considered a revocation of HQ 082973 (October 4,
1989), PC 874257 (June 2, 1992) and PC 864808 (August 9, 1991)
under section 177.9(d) of the Customs Regulations [19 CFR
177.9(d)].
Please furnish a copy of this ruling to the internal advise
applicant.
EFFECT ON OTHER RULINGS:
HQ 082973 (October 4, 1989), PC 874257 (June 2, 1992), and
PC 864808 (August 9, 1991) are revoked pursuant to section
177.9(d) of the Customs Regulations [19 CFR 177.9(d)].
Sincerely,
John Durant, Director
Commercial Rulings Division