CLA-2-90:OT:RR:NC:N4:405
Ms. Angela Tabick
DF Young
176-20 147 Avenue
Jamaica, NY 11434
RE: The tariff classification of a NeoNatalie Training Kit from China
Dear Ms. Tabick:
In your letter dated March 26, 2010, on behalf of Laerdal Medical, you requested a tariff classification ruling.
At issue in your submission is the NeoNatalie Newborn Simulator Training Kit. The training kit was designed with the intention of training caregivers in developing countries in a variety of neonatal resuscitation techniques, with the ultimate goal of lowering infant mortality across the globe. Each training kit consists of a NeoNatalie Newborn Simulator, squeeze bulbs for the simulation of crying and breathing, an external umbilical cord and umbilical ties, along with a bag-valve-mask resuscitator, a silicone suction unit, and a disposable plastic stethoscope.
The main feature of the kit is the NeoNatalie, an infant simulator that mimics the size and appearance of a newborn baby. The NeoNatalie is designed to be filled with two liters of lukewarm water, which replicates the weight and feel of a newborn. In the absence of water, the NeoNatalie can be filled with air. The NeoNatalie is used to train birth attendants in standard infant resuscitation techniques, as well as normal after-birth care procedures. The kit also includes the NeoNatalie Resuscitator and the NeoNatalie Suction device. The resuscitator is a silicone bag-valve-mask unit that can act as an artificial respiration device for infants. The suction device is a silicone, penguin-shaped therapy product that can be used for nasal or oral suction on newborns to clear blockages.
The NeoNatalie, although doll-like in appearance, is clearly designed for training and demonstration purposes. The simulator mimics the size and shape of a newborn, however, with the exception of the face, the representation of the infant is not particularly detailed. There are no fingers or toes on the extremities, and little anatomical detail under the neck besides the umbilical cord. The simulator also appears to contain internal, inflatable bladders that react to the squeeze bulbs to replicate breathing and a palpable umbilical pulse. The NeoNatalie also facilitates the training of effective bag-mask ventilation when used with the included Resuscitator. The chest of the simulator will rise and fall in when the correct resuscitation technique is applied. In this respect the NeoNatalie Newborn Simulator is similar to the training dummies described in Harmonized System Explanatory Note 3 to Heading 9023. Based on the information included with your submission, the NeoNatalie Resuscitator and the NeoNatalie Suction device are both therapy products that could be used to treat actual newborns. They are included with the kit to train caregivers in their use. You do not state that there is any current intention to import either the resuscitator or the suction device independent of the training kit. The training kit would be a composite good in which the NeoNatalie Newborn Simulator, at a minimum, is described by the last heading equally merits consideration in providing the essential character to the whole, in accordance with HTSUS General Rule of Interpretation 3(c).
The applicable subheading for the NeoNatalie Training Kit will be 9023.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments, apparatus and models, designed for demonstrational purposes (for example, in education or exhibitions), unsuitable for other uses, and parts and accessories thereof. 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 J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division