CLA-2-90:OT:RR:NC:N4:405
Ms. Donna Waters DSV Air & Sea, Inc. 3800 Camp Creek Parkway
Building 1200, Suite 180 Atlanta, GA 30331
RE: The tariff classification of a Primus Audiology System from Denmark
Dear Ms. Waters:
In your letter dated July 9, 2010, on behalf of Real Ear A/S, you requested a tariff classification ruling. Samples were provided.
The merchandise at issue is described as the Primus AUD. The Primus AUD is a multi-component system designed for use by audiologists and hearing instrument professionals to perform a variety of audiometric functions. The Primus AUD enables a practitioner to conduct a variety of tests on a subject’s hearing using pure tone audiometry, bone conduction audiometry, and speech audiometry. The Primus AUD also has the capability to conduct high frequency testing as well. The components of the Primus AUD are used in conjunction with specially designed software that can be run on a standard PC. In your submission you request guidance on the classification of the Primus AUD system as a whole, as well as the classification of the individual components when imported separately. The Primus AUD consists of multiple components, centered around the Primus Fitting Unit. The Primus Fitting Unit resembles a small console with multiple connectors for the numerous accessories. The Fitting Unit has inputs for microphones, headsets, speakers, and a USB cord that connects the device to a PC. The Fitting System also has inputs for the specialized audiometry components that are included with the system, such as the bone conductor, the Primus Insert assembly, and the Primus Probe assembly. The Primus AUD system is also sold with several headsets (with and without microphones), a table microphone, and a client response switch. The system is powered by a 30 watt DC adaptor, which is included. The entire Primus AUD system is portable. The Fitting Unit and associated components can easily fit into a laptop bag (not included) for transport. In your submission you suggest classifying the complete Primus AUD system in HTS Heading 9018. The Primus AUD is clearly designed for use by audiologists and hearing instrument professionals to perform diagnostic tests measuring a subject’s ability to hear. The Primus system is similar to the audiometers described in New York Ruling Letter 813342, August 22, 1995. Furthermore, Harmonized System Explanatory Note (V)(1)(ix) to Heading 9018 states that this heading includes audiometers and similar apparatus (for hearing tests based on frequency variation).
Regarding the 14 listed individual components of the Primus AUD system, when imported separately, you suggest classification in HTSUS 9021.90.40, which provides for parts and accessories of hearing aids. While the Primus AUD system and its components are undoubtedly useful in the prescription and calibration of hearing aids, their function and utility goes beyond simply being an accessory to a hearing aid. Furthermore, many of the individual components may not be classifiable in Chapter 90, based on Chapter Note 2(a). Note 2(a) to Chapter 90 states that parts and accessories which are goods included in any of the headings of 84, 85, 91, or elsewhere in Chapter 90 (barring a few exceptions which do not apply in this instance) are in all cases to be classified in their respective headings. This being the case, we would require additional information regarding the individual components before we could issue a ruling on their classification when imported separately.
The applicable subheading for the Primus AUD will be 9018.90.7580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Electro-medical instruments and parts and accessories thereof. The rate of duty will be free.
Regarding the classification of the individual components of the Primus AUD, when imported separately, we are returning your request for a ruling and any related samples, exhibits, etc. We require additional information in order to issue a ruling on these components. Specifically, detail which parts will be imported separately, and describe how they operate and what function they serve within the AUD system. Please limit each ruling request to a maximum of 5 items of the same class or kind. Also, per Customs Regulation 177.7, you cannot request rulings for importations that are “essentially hypothetical”, i.e., for which there is no plan to import separately in the near future.
If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
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