The tariff classification of a Diastometer™ measuring device from China

N279592 October 18, 2016 CLA-2-90:OT:RR:NC:N1:405 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Stephen L. Fodor Customs Services & Solutions, Inc. 5833 Stewart Parkway, Suite 102 Douglasville, GA 30135 RE: The tariff classification of a Diastometer™ measuring device from China Dear Mr. Fodor: In your letter dated May 24, 2016, on behalf of Design Qual Mfg, Inc., you requested a tariff classification ruling. A sample was provided. The merchandise under consideration is identified as a Diastometer™ measuring device. The product is described as an instrument designed to provide a user with a standardized method of measuring and checking diastasis recti (the distance between the left and right rectus abdominis muscles). The Diastometer™ has two components, a textile belt and a plastic finger cot. The belt, which features printed markings indicating length demarcated in centimeters, is designed to wrap around the user’s stomach to enable them to measure the distance of the seperated muscles. The finger cot is used to measure the condition of the connective tissue in the stomach. The belt and finger cot are imported and sold together. You suggest classification of the Diastometer™ under subheading 9018.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other instruments and apparatus used in medical, surgical, or veterinary sciences. Based on the information provided, the Diastometer™ is not intended to be solely used by a medical professional on a patient, but can be used by an individual to perform measurements on themselves. Consequently, the Diastometer™ would not be considered a medical instrument of heading 9018. The applicable subheading for the Diastometer™ will be 9031.80.8085, HTSUS, which provides for Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliances and machines: Other: Other. The rate of duty will be 1.2% ad valorem. 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 https://hts.usitc.gov/current. 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 Evan Conceicao at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division