CLA-2-85:OT:RR:NC:N2:220
Robert Leo
Meeks, Sheppard, Leo & Pillsbury
570 Lexington Avenue
New York, NY 10022-6850
RE: The tariff classification of a stator and rotor from China
Dear Mr. Leo:
In your letter dated May 4, 2020 you requested a tariff classification ruling on behalf of your client, Respironics, Inc.
The first item under consideration is identified as the SimplyGo Stator, Part Number 1141605, which is described as an electric stator that is said to be designed, manufactured, and used exclusively with the Respironics SimplyGo Mini Portable Oxygen Concentrator (POC). The subject stator is comprised of the housing, the lamination stack, the printed circuit board assembly, and windings. The stator also incorporates a custom wire harness with a specialized ferrite to protect against electromagnetic interference.
The second item under consideration is identified as the SimplyGo Rotor, Part Number 1141604, which is described as a dual output shaft electric rotor that is said to be designed, manufactured, and used exclusively with the Respironics SimplyGo Mini POC. The subject rotor is comprised of the lamination stack and output shafts that protrude from either side of the rotor. When mated to the corresponding stator, the rotor and stator assembly is used in POC machines for the supply of oxygen to patients.
We would note that this ruling pertains to the stator and the rotor imported individually and the complete motor is not subject to this review. However the complete SimplyGo POC motor is said to have a maximum power output of 78 Watts.
In your request, you suggest the subject Stator and Rotor should be classified under 8503.00.3500, Harmonized Tariff Schedule of the United States. We disagree. Based on the information provided, the motor operates at greater than 18.65 W and is more appropriately classified elsewhere.
The applicable subheading for the SimplyGo Stator, Part Number 1141605, and the SimplyGo Rotor, Part Number 1141604, will be 8503.00.6500, HTSUS, which provides for "Parts suitable for use solely or principally with the machines of heading 8501 or 8502: Stators and rotors for the goods of heading 8501: Other." The general rate of duty will be 3%.
In your submission, you request consideration of a secondary classification for the stator and rotor under 9817.00.96, HTSUS, which applies to articles and parts of articles specially 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 the subject stator and rotor are specially designed to work exclusively with the Respironics SimplyGo Mini POC and you note HQ Ruling Letter H301481, dated June 14, 2019, where CBP discussed the use of POCs by chronically ill individuals. Based on the information you provided, we are of the opinion that POCs are intended for use by individuals with profound chronic respiratory insufficiency and respiratory failure who require supplementary oxygen to accomplish their daily life activities. In our view, chronic respiratory illness satisfies the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). As such, the SimplyGo Stator, Part Number 1141605, and the SimplyGo Rotor, Part number 1141604, which are specially designed for and produced to function with SimplyGo Mini POCs, qualify for a secondary classification 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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division