The tariff classification of a pulse oximeter from China

N298946 August 3, 2018 CLA-2-84:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9029.20.4080 Joseph Kenny Geodis USA Inc. One CVS Drive Woonsocket, RI 02895 RE: The tariff classification of a pulse oximeter from China Dear Mr. Kenny: In your letter dated July 12, 2018, on behalf of CVS Pharmacy, you requested a tariff classification ruling The product at issue, identified as the P060 Pulse Oximeter, is a battery-powered device designed to measure the pulse rate and blood oxygenation level of a user. The pulse oximeter clips onto a user’s finger and the device calculates the user’s pulse rate and blood oxygenation level, displaying the readings on an inbuilt LED screen. The device is also capable of transmitting the measurement data it collects via Bluetooth, where it can be viewed and stored on a specially downloaded smartphone app. You state that the P060 Pulse Oximeters are marketed for private use at home, and are not intended for use by medical professionals or for any diagnostic or therapeutic process. Based on the information provided, the P060 Pulse Oximeter resembles in both form and function the pulse oximeters described in New York Ruling Letter N298946, dated June 9, 2011. As noted in that ruling, the pulse oximeter’s function as a pulse meter, at a minimum, equally merits consideration in provided the device’s essential character in accordance with General Rule of Interpretation 3(c). The applicable subheading for the P060 Pulse Oximeter will be 9029.20.4080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Revolution counters, production counters, taximeters, odometers, pedometers and the like; speedometers and tachometers, other than those of heading 9014 or 9015; stroboscopes; parts and accessories thereof: Speedometers and tachometers; stroboscopes: Other speedometers and tachometers: Other. The 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 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