N312965

N312965 July 21, 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 New York, NY 10022 RE: The tariff classification of a battery harness from China Dear Mr. Leo: In your letter dated July 6, 2020, you requested a tariff classification ruling on behalf of your client, Respironics, Inc. The merchandise under consideration, identified by part number 1127388, is described as a detachable battery harness designed to be used with the Respironics Trilogy Evo ventilator, a medical device intended to assist those individuals with chronic breathing issues. The harness consists of a set of four insulated conductor cables terminated at each end with specially designed connectors that allow connection only to the aforementioned ventilator. The subject harness is used to electrically connect a custom battery to the internal electronics of the ventilator in order to provide power. You state in your request that the subject harness is correctly classified under subheading 8544.42.9090, Harmonized Tariff Schedule of the United States (HTSUS). We agree. The applicable subheading for the battery harness, part number 1127388, 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. In your submission, you request consideration of a secondary classification for the subject harness 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 both cables are specifically designed for use with the Trilogy EVO ventilator. Based on the information provided, the ventilator is intended for use by individuals who suffer from chronic respiratory insufficiency and failure. 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 harness, part number 1127388, 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 luke.lepage@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division