The tariff classification of a DC power cable from China

N315180 October 26, 2020 CLA-2-85:OT:RR:NC:N2:212 CATEGORY: Classification TARIFF NO.: 8544.42.9090; 9817.00.96 Robert Leo Meeks, Sheppard, Leo & Pillsbury 570 Lexington Avenue, Suite 2405 New York, NY 10022 RE: The tariff classification of a DC power cable from China Dear Mr. Leo: In your letter dated October 13, 2020, you requested a tariff classification ruling on behalf of your client, Respironics, Inc. The merchandise under consideration, identified by part number 1118463, is described as a DC power cable designed to be used exclusively with the Respironics DreamStation bilevel positive airway pressure (BiPAP) or continuous positive airway pressure (CPAP) machine. The cable consists of a length of insulated cable conductor affixed at one end with a DC power connector and at the other with a multi-pin printed circuit connector. You state that the printed circuit connector is specially designed to connect directly to the main PCB of the DreamStation device. The cable is used to facilitate the flow of electrical power from a power supply to the DreamStation device. You state in your request that the subject cable is correctly classified under subheading 8544.42.9090, Harmonized Tariff Schedule of the United States (HTSUS). We agree. The applicable subheading for the DC power cable, part number 1118463, will be 8544.42.9090, HTSUS, which provides for “Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibers, whether or not assembled with electric conductors or fitted with connectors: Other electric conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Other: Other.” The general rate of duty will be 2.6% 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 the World Wide Web at https://hts.usitc.gov/current. You further state that the power cables qualify for secondary classification under subheading 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 subject cable is specially designed to work exclusively with the DreamStation BiPAP and CPAP machines. Based on the information provided, the BiPAP and CPAP machines are intended to treat individuals who suffer from sleep apnea, a chronic respiratory ailment. In our view, sleep apnea meets the definition set forth under Chapter 98, Subchapter XVII, U.S. Note 4(a), HTSUS. As such, a secondary classification will apply to the DC power cable, part number 1118463, 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. 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