CLA-2-85:OT:RR:NC:N2:212
Juan Moreno
Zisser Customs Law Group
9355 Airway Road
San Diego, CA 92154
RE: The tariff classification of transducer arrays from Israel
Dear Mr. Moreno:
In your letter dated May 7, 2021, you requested a tariff classification ruling on behalf of your client, Providien Device Assembly, LLC.
The merchandise under consideration is described as a transducer array used as a part of the Novocure Therapy Delivery System. The subject array consists of multiple interconnected electrical transducers designed to be adhered directly to the head or other area where an individual has been diagnosed with cancer. When connected to the electrical field generator within the system, the transducer arrays create an alternating electrical field that attracts and repels charged proteins during cancer cell division. We note that the transducers do not electrically stimulate nerves or muscles, nor do they heat tissue.
You state that the system, within which the transducer arrays are incorporated, is portable and allows the user to go about their day to day lives while getting treatment for their disease. The introduction of the electrical field effectively inhibits tumor growth, potentially killing existing tumors.
The applicable subheading for the transducer arrays will be 8543.70.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Electric synchros and transducers; flight data recorders; defrosters and demisters with electric resistors for aircraft: 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 arrays 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 the arrays are specifically designed for use with the Novocure Therapy Deliver System. Based on the information provided, this system is intended for use by individuals who suffer from cancer, a disease that can cause chronic pain and substantial limitations to an individual's life activities. It is the opinion of this office that the diseases treated by the therapy delivery system satisfy the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). As such, a secondary classification will apply to the transducer arrays 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