CLA-2-90:OT:RR:NC:N3:135
Mr. Robert Leo
Meeks, Sheppard, Leo & Pillsbury
570 Lexington Avenue, Suite 2405
New York, NY 10022
RE: The tariff classification of a blower cap from China
Dear Mr. Leo:
In your letter dated October 12, 2020, you requested a tariff classification ruling on behalf of Respironics, Inc.
The merchandise under consideration is a Respironics Specialized Blower Cap (#1126752). It is a molded plastic cap that is designed exclusively for use with the blower subassembly in the Trilogy EVO ventilator. The Blower Cap functions as the top to the blower compartment where the blower resides. It has an integral seal that seals the patient’s air path and has features that capture the blower isolators, which are attached to the blower. The cap is mechanically fastened with screws to the blower chassis plate and holds the blower in place. The ventilator cannot work without the Blower Cap; without the blower cap in place, the blower is not retained, and the air path is not sealed, making it impossible to deliver therapy to the patient. You claim that the Trilogy EVO ventilators are “specifically designed” for individuals with profound chronic breathing issues.
The applicable subheading for the Blower Cap will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[o]zone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof.” The general rate of duty will be free.
In your submission, you also request consideration of a secondary classification for the Respironics Specialized Blower Cap under subheading 9817.00.96, HTSUS, which applies to "[a]rticles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons: parts and accessories (except parts and accessories of braces and artificial limb prosthetics) that are specially designed or adapted for use in the foregoing article." Chapter 98, Subchapter XVII, U.S. Note 4(a), HTSUS, defines the term “blind or other physically or mentally handicapped persons” as including “any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking breathing, learning, or working.” The issue in the instant case is whether the subject blower cap is “specially designed or adapted” for use in an article that is “specifically designed or adapted” for the use or benefit of handicapped persons, which is required under subheading 9817.00.96, HTSUS.
U.S. Note 4(b), subchapter XVII, Chapter 98, HTSUS, which establishes limits on classification of products in these subheadings, states as follows: (b) Subheadings 9817.00.92, 9817.00.94 and 9817.00.96 do not cover-- (i) articles for acute or transient disability; (ii) spectacles, dentures, and cosmetic articles for individuals not substantially disabled; (iii) therapeutic and diagnostic articles; or (iv) medicine or drugs.
Based on the information provided, the ventilator is intended for use by individuals who suffer from chronic respiratory insufficiency and failure. It is the opinion of this office that the chronic respiratory issues treated by the ventilator satisfy the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). You state that the subject Blower Cap is a part specifically designed for use with the Trilogy EVO ventilator. Customs and Border Protection has previously ruled that several cables, a cable harness, a battery harness, a power supply, a keypad printed circuit board assembly, a case and a bag specifically designed for use with the Trilogy EVO ventilator are eligible for duty-free treatment under subheading 9817.00.96, HTSUS. (e.g., N314785 dated Oct. 6, 2020, N312968 dated, July 22, 2020, N312965, dated July 21, 2020, and N308572 dated Jan. 17, 2020.). Accordingly, we find that the Blower Cap for use in the Trilogy EVO ventilator is entitled to free duty and Merchandise Processing Fee (MPF) treatment under subheading 9817.00.96, HTSUS, as a part of an article specially designed or adapted for the use or benefit of the handicapped. This classification has no effect on any quota, visa, or restricted merchandise requirements or countervailing or dumping duties. 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 on World Wide Web at https://hts.usitc.gov/current.
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 Fei Chen at [email protected].
Sincerely,
Steven A. Mack Director National Commodity Specialist Division