CLA-2-85:RR:NC:1:112 J80299

Mr. Brent Reider
International Trade Group, Inc.
Postal Drawer 21877
Columbus, OH 43221-0877

RE: The tariff classification of a muscle stimulator from China

Dear Mr. Reider:

In your letter dated January 22, 2003, on behalf of Mantra International (HK), Ltd., you requested a tariff classification ruling.

As indicated by the submitted sample and technical information, the stimulator, identified as the “VeriProbe”, is intended for use in obtaining EMG biofeedback and neuromuscular stimulation. This stimulation is claimed to be for the purpose of vaginal muscle conditioning in order to relieve certain conditions, such as stress incontinence. It consists of an insertion probe containing an electric wire that connects to a power source (not included).

The applicable subheading for the “VeriProbe” muscle stimulator will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, …, not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem.

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 David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division