CLA-2-85:OT:RR:NC:N2:212
Robert Leo
Meeks Sheppard Leo & Pillsbury
570 Lexington Avenue
New York, NY 10022
RE: The tariff classification of cables from China
Dear Mr. Leo:
In your letter dated December 22, 2019, you requested a tariff classification ruling on behalf of your client, Respironics, Inc.
There are two cables at issue that you state are specifically designed for use with the Trilogy EVO ventilator. The first, identified by part number 1127394, is described as a DC power connect to power management cable. The cable is made at a specific length and is fitted with specially designed connectors at each end that do not allow connection to any other device. One connector is designed to mate with the PCB connector within the ventilator while the other is connected to the external DC power source cable. The cable will aid in supplying power to the ventilator.
The second cable, identified by part number 1127404, is described as a USB to CO2 connector. The cable is designed to connect the Trilogy ventilator to a custom CO2 sensor in order to expand the capability of the breathing apparatus. The cable contains custom-made connectors as well as a PCB with proprietary software that only allows for connection to the referenced machines.
You state in your request that both cables are correctly classified under subheading 8544.42.9090, Harmonized Tariff Schedule of the United States (HTSUS). We agree.
The applicable subheading for the cables, part numbers 1127394 and 1127404, will be 8544.42.9090, HTSUS, which provides for “Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors: Other electric conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Other: Other.” The general rate of duty will be 2.6% ad valorem.
In your submission, you request consideration of a secondary classification for the subject cables under subheading 9817.00.96, HTSUS, which applies to articles and parts specifically designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped. Chapter 98, Subchapter XVII, U.S. Note 4(a), HTSUS, defines the term “blind or other physically or mentally handicapped persons” as including “any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking breathing, learning, or working.”
You state that both cables are specifically designed for use with the Trilogy EVO ventilator. Based on the information provided, the ventilator is intended for use by individuals who suffer from chronic respiratory insufficiency and failure. It is the opinion of this office that the chronic respiratory issues treated by the ventilator satisfy the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). As such, a secondary classification will apply to the cables, part numbers 1127394 and 1127404, under 9817.00.96, HTSUS, which affords free duty treatment aside from any additional duties and/or applicable fees upon importation into the United States.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Luke LePage at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division