The tariff classification of a contour glucose monitoring system from Japan.

N036534 September 23, 2008 CLA-2-90:OT:RR:E:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9817.00.96 Mr. Mark D. Pinchok Bayer Corporate and Business Services LLC 100 Bayer Road Pittsburgh, PA 15205-9741 RE: The tariff classification of a contour glucose monitoring system from Japan. Dear Mr. Pinchok: In your letter dated August 28, 2008, you requested a tariff classification ruling. No sample was provided. You did provide a 45 page user’s manual and some additional information for the Contour Glucose Monitoring System. However, while you state that you believe HTSUS 9027.80 applies, you do not explain why you believe it is not “using optical radiations.” You state that it “uses glucose dehydrogenase chemistry,” but our information is the blood’s reaction to that compound is used in both optical and electrical methods for determining the glucose content of the blood, and that either optical or electrical methods may be used at present in home blood analysis/monitoring for glucose levels. Therefore, regarding the classification in HTSUS Chapters 1-97 for your item, we are returning your request for a ruling, and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit the information described below: Descriptive literature or a detailed explanation on how the item(s) operate/function. In particular, provide the exact method that is used in determining the glucose content of the blood that is put onto the strip. Are any optical elements used in that determination? If so, what is their specific function? If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically. Regarding your claim of duty free treatment under HTSUS 9817.00.96, your system is similar for classification purposes to the systems noted in Headquarters Ruling Letter 965424, 3-25-02, which indicated that 9817.00.96 would apply to those Bayer Corporation systems for glucose monitoring in accordance with the citations made. On that basis a secondary classification will apply for this system in HTS 9817.00.96, as specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped, free of duty and user fees (if any), if all applicable entry requirements are met including the filing with the Customs port of entry of the U.S. Department of Commerce form ITA-362P. Note that this classification has no effect on any quota, visa, or restricted merchandise requirements. 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