CLA-2-90:OT:RR:NC:N3:135
Mr. Robert Leo
Meeks, Sheppard, Leo & Pillsbury
570 Lexington Avenue, 24th Floor
New York, NY 10022
RE: The tariff classification of a peak flow meter from China.
Dear Mr. Leo:
In your letter dated June 26, 2020, you requested a tariff classification ruling on behalf of Respironics, Inc. Additional information was provided via email on June 30, 2020.
The merchandise under consideration is a Respironics Asthma Check Peak Flow Meter (#HEA-740-000) consisting of plastic top and bottom housings and other components with a scale and three-zone color coded indicators. The peak flow meter is a measuring and monitoring device. It monitors lung function and measures the Peak Expiratory Flow (PEF) speed at which air is expelled from the lungs. PEF measurements are an essential tool in gauging how well the user’s lungs and airways are working. The device can be used by a clinician to monitor the patient’s expiratory breath in a clinical setting; however, it is primarily used by the patient for self-monitoring.
You propose classification of the peak flow meter in subheading 9018.19.9550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other electro-diagnostic apparatus. Although it is a diagnostic device, it does not involve the use of electricity; therefore, it will be classified elsewhere.
The applicable subheading for the Respironics Asthma Check Peak Flow Meter will be 9018.90.8000, HTSUS, which provides for “[i]nstruments and appliances used in medical, surgical, dental or veterinary sciences … parts and accessories thereof: [o]ther instruments and appliances and parts and accessories thereof: [o]ther: [o]ther.” The general rate of duty will be free.
In your submission, you also request consideration of a secondary classification for the peak flow meter under 9817.00.96, HTSUS, which applies to articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons. As explained in NY Ruling N312812, the Respironics Asthma Check Peak Flow Meter is a diagnostic article and excluded from subheading 9817.00.96 per the U.S. Note 4(b) (iii) to subchapter XVII, Chapter 98, HTSUS.
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 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 Fei Chen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division