The tariff classification of specialized BiPAP disposable patient circuits from China

N319127 May 6, 2021 CLA-2-90:OT:RR:NC:N3:135 CATEGORY: Classification TARIFF NO.: 9019.20.0000; 9817.00.96 Mr. Robert Leo Meeks, Sheppard, Leo & Pillsbury 570 Lexington Avenue, Suite 2405 New York, NY 10022 RE: The tariff classification of specialized BiPAP disposable patient circuits from China Dear Mr. Leo: In your letter dated April 27, 2021, you requested a tariff classification ruling on behalf of Respironics, Inc. The merchandise under consideration is specialized BiPAP disposable patient circuits (#1065832/AP1065832) designed to be used exclusively with BiPAP V60 devices. The patient circuit consists of a single-limb circuit tubing measuring 22 mm internal diameter with a proximal pressure line, filter exhaust port (FEP), and an inspiratory filter. Part #1065832/AP1065832 refers to the 10 pack of these patient circuits. You state that the V60 ventilator provides invasive and non-invasive, positive pressure ventilation to adult, pediatric, and infant patients, who suffer with chronic respiratory insufficiency and chronic respiratory failure. It is an electronically controlled, pneumatic ventilation system with an integrated air compressing system. You claim the circuits are sold to be used solely with the BiPAP V60 devices for breathing-impaired persons. The circuits have a unique design to allow the BiPAP V60 devices to sense the pressure needed and will not fit on other devices. The applicable subheading for the specialized BiPAP disposable patient circuits (#1065832/AP1065832) will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[o]zone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof.” The general rate of duty will be free. In your submission, you also request consideration of a secondary classification for the specialized BiPAP disposable patient circuits under subheading 9817.00.96, HTSUS, which applies to "[a]rticles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons: parts and accessories (except parts and accessories of braces and artificial limb prosthetics) that are specially designed or adapted for use in the foregoing article." 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.” The issue in the instant case is whether the subject specialized BiPAP disposable patient circuits are “specially designed or adapted” for use in an article that is “specifically designed or adapted” for the use or benefit of handicapped persons, which is required under subheading 9817.00.96, HTSUS. U.S. Note 4(b), subchapter XVII, Chapter 98, HTSUS, which establishes limits on classification of products in these subheadings, states as follows: (b) Subheadings 9817.00.92, 9817.00.94 and 9817.00.96 do not cover-- (i) articles for acute or transient disability; (ii) spectacles, dentures, and cosmetic articles for individuals not substantially disabled; (iii) therapeutic and diagnostic articles; or (iv) medicine or drugs. You state the BiPAP V60 devices are “specifically designed” for individuals with profound chronic breathing issues. Persons suffering from the chronic breathing satisfy the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). Thus, the BiPAP V60 devices are articles specifically designed or adapted” for the use or benefit of handicapped persons. The specialized BiPAP disposable patient circuits are an integral part of the BiPAP V60 ventilatory assist system. Without these circuits, the patients will not receive the oxygen needed to survive. In Ruling N311390 (May 11, 2020), CBP determined a Power Supply uniquely designed to work exclusively with the Respironics V60 Ventilator qualified for classification under HTS 9817.00.96. Accordingly, we find that specialized BiPAP disposable patient circuits (#1065832/AP1065832) are entitled to free duty under subheading 9817.00.96, HTSUS, as a part of an article specially designed or adapted for the use or benefit of the handicapped. As such, they would not be subject to Merchandise Processing Fee (MPF) per 19 C.F.R. § 24.23(c)(1)(i). This classification has no effect on any quota, visa, or restricted merchandise requirements or countervailing or dumping duties. 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 Fei Chen at [email protected]. Sincerely, Steven A. MackDirectorNational Commodity Specialist Division