CLA-2 OT:RR:NC:N1:102
James Burritt
DSV Air & Sea
1425 Corporate Center Drive, Suite 900
San Diego, California 92154
RE: The classification of components used within the blower assembly from China or Malaysia
Dear Mr. Burritt:
In your letter dated July 15, 2022, you requested a ruling, on the behalf of ResMed Motor Technologies, Inc., on the classification of components used within a blower assembly. Technical information was provided with your submission.
At issue are four items used in the Maxi-Tube II Blower Assembly, part number 000-0450-23, discussed in New York Ruling N327121. The Maxi-Tube II Blower Assembly is designed to be used in ResMed’s AirSense 10 Continuous Positive Air Pressure (CPAP) machine, which is used by individuals affected by sleep apnea and chronic respiratory conditions.
The four items at issue are the Maxi-Tube II first stage cover, part number 310-0066-04, the Maxi-Tube II disc/cover assembly, part number 095-0407-12, the Maxi-Tube II interstage vane, part number 095-0410-05, and the Maxi-Tube II rotor cap, part number 095-0419-08.
Item one, the disc/cover assembly, part number 095-0407-12, is constructed of injection molded plastic. It is an assembly that consists of a disc and a cover. Installed, the disc sits adjacent to the blades of the impeller and this positioning allows for pressurized air flow to be created. The cover of the disc/cover assembly functions as a housing.
Item two, the Maxi-Tube first stage cover, part number 310-0066-04, is constructed of injection molded plastic. It is custom designed to function as the main top cover of the blower assembly and features an inlet for the blower assembly.
The cover of the disc/cover assembly and the first stage cover together form an outer casing that houses the impellers, interstage vanes, motor, and additional components of the blower assembly.
Item three, the Maxi-Tube II interstage vane, part number 095-0410-05, is constructed of injection molded plastic. It is shaped to be installed between an impeller and the stator assembly of the motor. The interstage vane is designed to maneuver the flow of air between the two pneumatic stages that occur within the blower. The vane features posts that achieve an interference fit with the holes on the shield tube, which is part of the electric motor.
Item four, the rotor cap, part number 095-0419-08, is described as a three barbed disc that is specifically designed to align and mate with the shield tube where it houses the rotor assembly. You state that the rotor cap retains the rotor and bearing assemblies and the motor cannot function without it.
In your letter, you suggest the disc/cover assembly, the first stage cover, the interstage vane, and rotor cap are classified within subheading 8414.90.1080, HTSUS, which provides for Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; gas-tight biological safety cabinets, whether or not fitted with filters; parts thereof: Parts: Of fans (including blowers) and ventilating or recycling hoods. We disagree with regard to the rotor cap.
In our opinion, the rotor cap, which retains the rotor assembly in the shield tube, is a part of an electric motor. As noted in Section XVI, Note 2(b), parts suitable for use solely or principally with the machines of heading 8501 or 8502, are provided for in heading 8503.
Therefore, the rotor cap, part number 095-0419-08, is classifiable under subheading 8503.00.9520, HTSUS, which provides for Parts suitable for use solely or principally with the machines of heading 9501 or 8502: Other: Other: Parts of motors. The general rate of duty of 3 percent ad valorem.
Regarding the disc/cover assembly, the first stage cover, the interstage vane, we agree. The Explanatory Notes (ENs) of the Harmonized Commodity Description and coding System, constitute as the official interpretation of the Harmonized System at the international level. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading and are generally indicative of the proper interpretation of the HTSUS.
The ENs to heading 8414, in relevance, state that subject to the general provisions regarding the classification of parts (see the General Explanatory Note to Section XVI), parts of the goods of this heading are also classified here, e.g., pump or compressor bodies, blades, vanes, etc. As such, the interstage vane, the cover and cover/disc assembly, which function as a housing, are classified as a part within heading 8414.
The applicable subheading for the Maxi-Tube II first stage cover, part number 310-0066-04, the Maxi-Tube II disc/cover assembly, part number 095-0407-12, and the Maxi-Tube II interstage vane, part number 095-0410-05, will be 8414.90.1080, HTSUS, which provides for Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; gas-tight biological safety cabinets, whether or not fitted with filters; parts thereof: Parts: Of fans (including blowers) and ventilating or recycling hoods: Other. The general rate of duty is 4.7 ad valorem.
In your submission, you request consideration of a secondary classification for the four items 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 oneself, performing manual tasks, walking, seeing, hearing, speaking breathing, learning, or working.”
Referencing New York Ruling Letter N172236, dated July 22, 2011, CBP noted the CPAP machine was used to treat individuals with chronic lung disease and other respiratory afflictions, and that these machines were specially designed and adapted for the benefit of persons suffering from a chronic physical impairment and thus were eligible for secondary classification under subheading 9817.00.96, HTSUS.
The Maxi-Tube II first stage cover, part number 310-0066-04, Maxi-Tube II disc/cover assembly, part number 095-0407-12, Maxi-Tube II interstage vane, part number 095-0410-05 and Maxi-Tube II rotor cap, part number 095-0419-08, are components of the Maxi-Tube II blower assembly, which is used in a CPAP machine. Headquarters ruling H024976, dated March 23, 2009, explains that parts of a system or assembly do not automatically qualify for classification in the subheading 9817.00.96. We must consider whether they would be considered parts that are specially designed or adapted for use with the system or assembly they are intended to be used with, in this case, the Maxi-Tube II blower assembly.
The Maxi-Tube II first stage cover, part number 310-0066-04, and disc/cover assembly, part number 095-0407-12, are specifically configured to interconnect and together, function as a housing that encases the impellers, motor, and additional components that make-up the Maxi-Tube II blower assembly.
The Maxi-Tube II interstage vane, part number 095-0410-05, is configured to direct the flow of air between the two pneumatic stages that occur within the blower assembly.
The Maxi-Tube II rotor cap, part number 095-0419-08, retains the rotor and bearing assemblies and the motor cannot function without it.
Based on aforementioned descriptions, it can be concluded that the Maxi-Tube II first stage cover, part number 310-0066-04, the Maxi-Tube II disc/cover assembly, part number 095-0407-12, the Maxi-Tube II interstage vane, part number 095-0410-05, and Maxi-Tube II rotor cap, part number 095-0419-08, are especially designed or adapted for use with the Maxi-Tube II blower assembly, which was determined to be eligible for 9817.00.96 in New York Ruling N327121, as it is essential to the functionality of RedMed’s CPAP machine.
Therefore, as the chronic respiratory illness satisfies the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a) and the aforementioned items are specially designed or adapted to be used in a blower assembly that is used in a CPAP machine, a secondary classification will apply to the first stage cover, part number 310-0066-04, a disc/cover assembly, part number 095-0407-12, a Maxi-Tube II interstage vane, part number 095-0410-05, and rotor cap, part number 095-0419-08, under subheading 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. Part 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 Sandra Martinez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division