CLA-2-85:OT:RR:E:NC:N1:112
Troy D. Crago
Import Specialist
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301
RE: The tariff classification of a T.E.N.S. Back Pain Relief System from China
Dear Mr. Crago:
In your letter dated November 13, 2008, you requested a tariff classification ruling.
The merchandise concerned is a transcutaneous electrical nerve stimulator (T.E.N.S.) system (Item # A053EA00083). This particular system is being marketed for personal/household use as a method of relieving chronic and acute back pain. Included in this system is a dual channel digital electronic stimulator, stimulator/electrode pads, and a one-size fits all support belt with electrodes and integrated cables. The digital stimulator incorporates a liquid crystal display screen that measures 34.2mm x 17.8mm, a timer button, a program button, an off/level down button, and an on/level up button. It also incorporates two electrical sockets located on the top of the device. The support belt incorporates four electrodes located on the rear of the belt, and integrated electrical cables. The electrodes are connected to the cables which run, internally, from the rear of the belt to the front of the belt. Two cables extend from the front of the belt and are finished off with electrical connectors on each cable. The electrical connectors are used to connect the support belt to the stimulator unit.
In use, the stimulator/electrode pads are placed over each of the four electrodes on the belt. The belt is then placed around the user’s midsection with the electrodes directly on the lower back. The belt is then secured with its hook and loop closure. The belt’s electrical connector plugs are then inserted into either socket on the top of the dual channel stimulator. Then the unit is turned on and the program and length of time is selected. Based on the submitted literature, this T.E.N.S. unit sends tiny electrical impulses through the skin to the nerves lying directly beneath the skins surface. These impulses help to block the body’s ability to send pain messages to the brain. As a result, chronic and acute back pain would be relieved.
The applicable subheading for the T.E.N.S. Back Pain Relief System (Item # A053EA00083) will be 8543.70.8500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: For electrical nerve stimulation.” The rate of duty will be Free.
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 http://www.usitc.gov/tata/hts/.
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 Steve Pollichino at (646) 733-3008.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division