CLA-2-N4:OT:RR:NC:N4:405
Cheryl Frye-Wright
Compass Forwarding Co., Inc. 440 McClellan Highway East Boston, MA 02128
RE: The tariff classification of a laryngoscope battery handle and a battery charger from Germany.
Dear Ms. Frye-Wright:
In your letter dated May 2, 2011, on behalf of Heine USA, Ltd., you requested a tariff classification ruling. Samples were provided.
The merchandise at issue consists of a rechargeable battery handle for use with a laryngoscope (Item F-007.22.885), and the NT300 battery charger (Item X-002.99.495).
The rechargeable battery handle is specially designed for use with fiber optic laryngoscope blades (which are not included in your submission and are imported separately). The laryngoscope blade heads are affixed to the top of the battery handle. The battery handle features a bright LED light at its top that activates when depressed. The LED provides light to the fiber-optic laryngoscope blade, allowing a doctor to insert the blade into a patient’s mouth to examine their larynx. The blades are removed from the handle and cleaned after each use. They are not used for cutting, but to move flexible body parts. When not in use the battery handle can be placed on a charger to recharge. The rechargeable battery handle is clearly an integral part of a laryngoscope. Without it, the laryngoscope blade heads would not function properly. Furthermore, the battery handle serves no other function other than to illuminate the blade heads during a laryngoscopy procedure. Complete medical laryngoscopes have previously been ruled upon in New York Ruling Letter 889371, dated September 10, 1993. The stated basis is that, in general, a laryngoscope’s principal use is in anesthesia procedures.
The NT 300 battery charger is designed to recharge the battery handles mentioned above. It has two wells within which a battery handle can be placed. The NT300 converts 115 Volts AC to 3.5 Volts DC to charge the battery handles when placed within one of the wells. The NT 300 can recharge the battery handles either singly or in pairs.
The applicable subheading for the rechargeable battery handle will be 9018.90.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for provides for "other" Anesthetic instruments and parts and accessories thereof. The rate of duty will be free.
The applicable subheading for the NT 300 battery charger will be 8504.40.9550, HTSUS, which provides for Static converters: Other: Rectifiers and rectifying apparatus: Other. The rate of duty will be 1.5% ad valorem.
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 battery charger, contact National Import Specialist Linda Hackett at (646) 733-3015. If you have any other questions regarding the ruling, contact National Import Specialist J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division