The tariff classification of the FlexiVent and InExpose units from Canada.

 N265541 June 30, 2015 CLA-2-90 OT:RR:NC:N2:235 CATEGORY: Classification TARIFF NO.: 9018.19.9550 Mr. Charles F. McFeeters Jr. Axxess International, Inc. 2 North Main Street Floor 4 St. Albans, VT 05478 RE: The tariff classification of the FlexiVent and InExpose units from Canada. Dear Mr. McFeeters: In your letter dated June 4, 2015, on behalf of Scireq Scientific Respiratory Equipment, Inc., you requested a tariff classification ruling. No samples were submitted. The FlexiVent is a modular mechanical ventilator for small laboratory animals incorporating an entirely computer-controlled piston pump. The FlexiVent permits measurements of resistance, elastance (equals 1/compliance) and oscillation mechanics under precisely controlled experimental conditions. It is also capable of forced expiration in mice and rats through a hardware extension. Unlike an ordinary ventilator/iron lung, the unit is not a means of artificial respiration or other therapeutic respiration apparatus of tariff subheading 9019.20, HTSUS, in that its purpose is to measure the subject’s respiratory parameters, not to assist the animal. The InExpose unit allows precise delivery of inhaled pharmacological compounds and toxins to small laboratory animals; thereby providing a reproducible way of exposing the lab animals to a test atmosphere. This allows researchers to study the effects of these substances for pulmonary research. Both the FlexiVent and InExpose units are designed and used solely on animals for research purposes. You have suggested classification of these items under tariff subheading, 9018.19.4000, HTSUS, which provides in part for “Apparatus for functional exploratory examination, and parts and accessories thereof.” We disagree. The FlexiVent and InExpose units are not used by physicians in a clinical setting to perform tests which provide preventative, diagnostic or curative information about a patient; but rather, they are tools used by researchers to measure respiratory mechanics and continually monitor test subjects throughout experiments. The applicable subheading for the FlexiVent Unit and the InExpose Unit will be 9018.19.9550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other electro-diagnostic apparatus, including apparatus for checking physiological parameters.” 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 Kimberly Praino at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division