CLA-2-84:RR:NC:4:102 818324
Mr. Gordon Giles
Medela, Inc.
4610 Prime Parkway
McHenry, IL 60050-7005
RE: The tariff classification of a nylon housing for a portable breast pump from China
Dear Mr. Giles:
In your letter dated January 19, 1996 you requested a tariff classification ruling.
The item at issue in this request is a textile casing used to hold all of the necessary components to create a battery operated Mini Motor Breastpump. The casing is made from a nylon and PVC sponge material, has a box-like shape with a zipper-closed upper opening and cutouts in the front to allow for the front plate of the pump. The casing is designed to internally contain a small, battery powered air vacuum pump as well as the battery holder. Mounted on the outside of the casing is the pump front plate which contains the power on/off switch and hose nipples to which the air hoses and breast suction cup are ultimately attached. You specify that these components will be so mounted as to be unremovable. The casing lacks any storage capacity for holding auxiliary items such as bottles, breast cup, etc., nor does it have a carrying handle.
In you letter you indicated your belief that this housing should be considered a part for a medical device and classifiable under Harmonized Tariff number 9018.90.7580. It is the opinion of this office that the completed breast pump is not of the type used for medical treatment and would not fall under that provision. Neither is it the housing for the air vacuum pump - that component is complete at the time of assembly into the textile casing. We do view the casing as the housing for a battery operated breast milk (liquid) pump. It is not considered a textile article for industrial application, as defined by the HTS, and therefore does not encounter any of the limitations of the headnotes to Section XVI, nor the chapter notes to Chapter 84.
The applicable subheading for the Mini Motor Breastpump housing will be 8413.91.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts of other liquid pumps. The rate of duty will be 1.8 percent ad valorem.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this 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 Karl J. Riedl at 212-466-5493.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division