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 power supplies from China
Dear Mr. Leo:
In your letter dated May 18, 2020 you requested a tariff classification ruling on behalf of your client, Respironics, Inc.
The first item under consideration is identified as the AC/DC Power Supply, PN 1074863, which you describe as a rectifying power supply used exclusively with Respironics SimplyGo Portable Oxygen Concentrators (POCs). The function of the power supply is to charge the SimplyGo POCs battery pack by connecting it to a standard wall outlet. This AC/DC power supply converts the alternating current input of 100-240 V to an output of 19 V with 7.9 A maximum direct current output.
The second item under consideration is identified as the DC/DC Power Supply Adapter, PN 1079143, which you describe as a DC-to-DC converter used exclusively with Respironics SimplyGo Portable Oxygen Concentrators (POCs). The function of this converter is to charge SimplyGo battery pack when the device is utilized in an automobile. The DC/DC Power Supply Adapter converts 11.5-16 V direct current input to a 19 V direct current output.
You state that both power supplies have a specialized output connector with an integrated resistive signature that is uniquely designed to work solely with the SimplyGo battery pack. You also indicate that the subject power supplies are designed and dedicated for use with SimplyGo
POC batteries and are produced to meet certain medical device regulatory and safety requirements. We would note that these Power Supplies do not supply primary power directly to the SimplyGo POCs for the operation of the machine and only charge the battery packs.
In your request, you suggest the Power Supplies should be classified under 8504.40.9520, Harmonized Tariff Schedule of the United States (HTSUS). We agree that these power supplies are correctly classified but to the first eight digits of the subheading only. As the classification of this merchandise is determined by the maximum power output and its function, the AC/DC Power Supply, PN 1074863, is found to be a rectifier with the maximum power output of 150.1 Watts, while the DC/DC Power Supply Adapter, PN 1079143, is a DC-to-DC converter and does not rectify electricity.
The applicable subheading for the AC/DC Power Supply, PN 1074863, will be 8504.40.9530, HTSUS, which provides for “Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: Static converters: Other: Rectifiers and rectifying apparatus: Power supplies: with a power output exceeding 150 W but not exceeding 500 W.” The general rate of duty will be Free.
The applicable subheading for the DC/DC Power Supply Adapter, PN 1079143, will be 8504.40.9580, HTSUS, which provides for “Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: Static converters: Other: Other.” The general rate of duty will be Free.
In your submission, you request consideration of a secondary classification for the Power Supplies under subheading 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 power supplies are uniquely designed to work exclusively with the Respironics SimplyGo Portable Oxygen Concentrators battery pack. Based on the information provided, the SimplyGo devices are specifically designed for individuals with profound chronic breathing issues. In our view, chronic breathing issues satisfy the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). As such, a secondary classification will apply to AC/DC Power Supply, PN 1074863 and DC/DC Power Supply Adapter, PN 1079143, 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