N313684

N313684 August 4, 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 AC cables from China. Correction to Ruling Number N312961 Dear Mr. Leo: This replaces Ruling Number N312961, dated July 21, 2020, which contained a clerical error. The part number for the merchandise at issue was noted incorrectly. A complete corrected ruling follows. In your letter dated July 6, 2020, you requested a tariff classification ruling on behalf of your client, Respironics, Inc. The merchandise at issue, identified by part number 1127395, is described as an AC input cable designed to be used with the Respironics Trilogy Evo ventilator, a medical device intended to assist those individuals with chronic breathing issues. The cable is comprised of a length of insulated conductor with a specially designed electrical connector at each end that allow connection only to the aforementioned ventilator. The subject cable is used to facilitate the distribution of electrical power from a power source to the internal electronics of the ventilator device. You state in your request that the subject cables are correctly classified under subheading 8544.42.9090, Harmonized Tariff Schedule of the United States (HTSUS). We agree. The applicable subheading for the AC input cable, part number 1127395, 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 cable 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 cable, part number 1127395, 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