The tariff classification of a portable sanitization device for Continuous Positive Airway Pressure (CPAP) machines from China

N303930 May 1, 2019 CLA-2-85:OT:RR:NC:N2:212 CATEGORY: Classification TARIFF NO.: 8543.70.9960 ; 9903.88.02 Jeffrey Orenstein K&L Gates 1601 K Street Washington, DC 20006 RE: The tariff classification of a portable sanitization device for Continuous Positive Airway Pressure (CPAP) machines from China Dear Mr. Orenstein: In your letter dated April 11, 2019 you requested a tariff classification ruling on behalf of your client, VirtuOx, Inc. The merchandise under consideration is described as a VirtuCLEAN CPAP cleaning device. This article will be imported into the United States as a kit consisting of the VirtuCLEAN module, a zippered nylon bag used for a safe cleaning environment, and a delivery tube that attaches the module to the CPAP machine. The device is intended to be used in the home to safely sanitize CPAP equipment. The VirtuCLEAN device uses ozone, or activated oxygen, to disinfect the tubing, mask, and humidifier chamber of the CPAP machine. The device converts oxygen to ozone which is then sent through the CPAP equipment via the attached hose. The ozone is meant to eradicate all bacteria and germs living within the equipment through oxidation. You state that this process to be more practical and efficient than cleaning with soap and water. In your request, you propose the VirtuCLEAN to be classified under subheading 9019.20.0000 of the 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.” This office disagrees. We find that the VirtuClean is not an accessory of the CPAP equipment for classification purposes.  The product does not contribute to a CPAP equipment’s effectiveness in sending “a constant flow of airway pressure to a patient’s throat to ensure that the patient’s airway stays open during sleep.”  It is only used to clean the tubing, mask, and humidifier chamber of a CPAP machine.  Furthermore, even if the VirtuClean were considered to be an accessory of the CPAP equipment, it would be precluded from Chapter 90 per Note 2 (a) to Chapter 90 since it in itself constitutes an article falling in chapter 85. The applicable subheading for the VirtuCLEAN device will be 8543.70.9960, HTSUS, which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; Other machines and apparatus; …Other”. The general rate of duty will be 2.6 percent ad valorem. Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheading 8543.70.9960, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8543.70.9960, HTSUS, listed above. 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 the 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 Luke LePage at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division