The tariff classification of a panel mount cable from China

N318039 March 10, 2021 CLA-2-85:OT:RR:NC:N2:212 CATEGORY: Classification TARIFF NO.: 8544.42.2000; 9817.00.96 Robert Leo Meeks, Sheppard, Leo & Pillsbury 570 Lexington Avenue, Suite 2405 New York, NY 10022 RE: The tariff classification of a panel mount cable from China Dear Mr. Leo: In your letter dated March 2, 2021, you requested a tariff classification ruling on behalf of your client, Respironics, Inc. The merchandise under consideration, identified by part number 1085264, is described as a panel mount cable designed to be used within the Respironics CoughAssist device, a medical device designed to assist those patients with chronic breathing issues. The subject cable is comprised of a length of insulated conductor affixed at one end with a PCB connector and a USB receptacle at the other. The cable is connected to the internal PCBA of the device in order to allow for the attachment of external USB accessory devices. You state that the internal electronics as well as the PCB connector allows the cable to be used exclusively with the aforementioned medical device. You state in your request that the subject cable is correctly classified under subheading 8544.42.2000, Harmonized Tariff Schedule of the United States (HTSUS). We agree. The applicable subheading for the panel mount cable, part number 1085264, will be 8544.42.2000, 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 1,000V: Fitted with connectors: Other: Of a kind used for telecommunications.” The general rate of duty will be free. In your submission, you request consideration of a secondary classification for the subject cable assembly under subheading 9817.00.96, HTSUS, which applies to articles and parts specifically 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 assembly is specifically designed for use with the CoughAssist Device. Based on the information provided, this device is intended for use by individuals who suffer from chronic respiratory issues. It is the opinion of this office that the chronic respiratory issues treated by the ventilator satisfy the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). As such, a secondary classification will apply to the panel mount cable, part number 1085264, 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 Luke LePage at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division