The tariff classification of a Reperfusion Timer from China

NY M85030 July 25, 2006 CLA-2-90:RR:NC:N1:105 M85030 CATEGORY: Classification TARIFF NO.: 9018.90.7580 Ms. Cheryl Spears USG Logistics Inc. Cargo Building 67 JFK International Airport Jamaica, NY 11430 RE: The tariff classification of a Reperfusion Timer from China Dear Ms. Spears: In your letters dated March 15 and July 13, 2006, for Pharma Design Inc., you requested a tariff classification ruling. A sample was submitted. From the sample and the instructions, the Reperfusion Timer, about 2 by 3 by .5 inch, has two LCDs. The larger counts in minutes and seconds, and the smaller, just below it, counts just in minutes. Both are started by depressing one switch and both will return to zero and stop if the switch is hit during a timing cycle. It has a textile cord with a breakaway clip so it “can be easily opened to put around the neck” of the patient, we presume. Below the larger LCD is imprinted less than “30 minute door to Lytic” and, above the smaller LCD, less than “90 minutes door to PCI.” Its purpose is to help hospital personnel, usually nurses, to keep track of the time the individual heart attack patient has been in the hospital, especially in reference to the short time frames for the two common treatment options for a heart attack. From its unusual features, it is clear that it is designed for use only as an aid in determining the appropriate treatment choice for individual heart attack victims by a hospital. The applicable subheading for the Reperfusion Timer will be 9018.90.7580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” Electro-medical instruments and appliances and parts and accessories thereof. The rate of duty will be free. Per your request, the samples are being returned to you, in a separate mailing.  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 http://www.usitc.gov/tata/hts/. 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 J. Sheridan at 646-733-3012. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division