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N238814 N2 Ruling Active

The tariff classification of oxygen concentrators from China

Issued March 19, 2013 by U.S. Customs and Border Protection.

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N2 N238814 (March 19, 2013)

Tariff classification

HTS codes: 9019.20.0000

Headings: 9019

Product description

The items are oxygen concentrators (model numbers IRC5LX02AW and IRC5P). From the descriptions attached, they routinely deliver air with elevated levels of oxygen to patients via tubes into their noses. They are large, heavy apparatus on casters which intake ordinary air and output air with elevated oxygen by removing nitrogen gas. Their flow rates are .5 to 5 liters per minute, which is consistent with oxygen therapy for an individual patient. We agree that

CBP rationale

the applicable subheading for the oxygen concentrators will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof.

Full text

N238814 March 19, 2013 CLA-2-90:OT:RR:NC:4:405 CATEGORY: Classification TARIFF NO.: 9019.20.0000 Ms. Laura Underwood Invacare Corporation 39400 Taylor Parkway North Ridgeville, OH 44039 RE: The tariff classification of oxygen concentrators from China Dear Ms. Underwood: In your letter dated February 22, 2013, on behalf of Invacare Corporation, you requested a tariff classification ruling. No samples were provided. The items are oxygen concentrators (model numbers IRC5LX02AW and IRC5P). From the descriptions attached, they routinely deliver air with elevated levels of oxygen to patients via tubes into their noses. They are large, heavy apparatus on casters which intake ordinary air and output air with elevated oxygen by removing nitrogen gas. Their flow rates are .5 to 5 liters per minute, which is consistent with oxygen therapy for an individual patient. We agree that the applicable subheading for the oxygen concentrators will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof. The general rate of duty will be Free. 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, Thomas J. Russo Director National Commodity Specialist Division

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