The tariff classification of piezoelectric motors from China

N306144 September 24, 2019 CLA-2-85:OT:RR:NC:N2:220 CATEGORY: Classification TARIFF NO.: 8501.10.4020; 9817.00.96 Brian Smith Johnson Electric North America, Inc. 47660 Halyard Dr. Plymouth, MI 48170 RE: The tariff classification of piezoelectric motors from China Dear Mr. Smith: In your letter dated August 2, 2019 you requested a tariff classification ruling. The item under consideration is identified as the Tandem Diabetes Wombat Drive Module, PN 1002599-B, which is described as a piezoelectric motor used exclusively with the Tandem Insulin Pump. The Wombat Drive Module consists of a piezoelectric actuator that is mounted to an insulin pump for the purpose of delivering controlled amounts of insulin. The piezoelectric actuator, which operates on applied AC current, is said to be manufactured in China and has a maximum output of less than18.65 Watts. In your request, you suggest the Wombat Drive Module is correctly classified in subheading 8501.10.4080, Harmonized Tariff Schedule of the United States (HTSUS). We disagree. Electric AC motors having the output power of less than 18.65 W are specifically provided for under 8501.10.4020, HTSUS, and as such, the motors will be classified accordingly. The applicable subheading for the Wombat Drive Module, PN 1002599-B, will be 8501.10.4020, which provides for “Electric motors…: Motors of an output not exceeding 37.5 W: Of under 18.65 W: AC.” The general rate of duty will be 4.4% ad valorem. In your submission you request consideration of a secondary classification for the Wombat Drive Module under 9817.00.96, HTSUS, which applies to articles and parts of articles specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped. Chapter 98, Subchapter XVII, U.S. Note 4(a), HTSUS, defines the term “blind or other physically or mentally handicapped persons” as including “any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking breathing, learning, or working.” You state that the Wombat Drive Module is specially designed to work exclusively with the Tandem Insulin Pump. Based on the information you provided, insulin pumps are used by individuals to self-manage diabetes or other diseases or conditions resulting in an abnormal or poor glucose level by delivering insulin doses to the bloodstream of a user whose pancreas is not functioning normally. As an insulin pump is designed to continuously deliver insulin to the body 24 hours a day, and the fact that the insulin pump is solely dedicated for use by those individuals suffering from diabetes or glucose control problems, we conclude that the pump is an article “specially designed or adapted” for the handicapped for purposes of the Nairobi Protocol as set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). As such, a secondary classification will apply to the Wombat Drive Module, PN 1002599-B, under 9817.00.96, HTSUS, which affords free duty treatment aside from any additional duties and/or applicable fees upon importation into the United States. 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 Karl Moosbrugger at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division