N316881

N316881 January 19, 2021 CLA-2-85:OT:RR:NC:N2:220 CATEGORY: Classification TARIFF NO.: 8537.10.9170; 9817.00.96 Robert Leo Meeks, Sheppard, Leo & Pillsbury 570 Lexington Avenue New York, NY 10022-6850 RE: The tariff classification a connector board from China Dear Mr. Leo: In your letter dated January 11, 2021 you requested a tariff classification ruling on behalf of your client, Respironics, Inc. The merchandise under consideration is identified as the Detachable Battery PCA (connector board), PN 1127406, which you describe as a printed circuit board assembly used exclusively with the Respironics Trilogy Evo Ventilator. The 18 V connector board has a 5-pin blade connector on one side and a 6-pin socket connector on the other. Once the connector board is installed into the ventilator and attached via the 6-pin socket connector, the battery is inserted and makes an electrical connection via the blade connector. The connector board is said to be produced specifically for the ventilator and functions to provide a connection point between the ventilator and the inserted battery. The applicable subheading for the Detachable Battery PCA, PN 1127406, will be 8537.10.9170, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other”. The general rate of duty will be 2.7 percent ad valorem. In your submission, you request consideration of a secondary classification for the connector board 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 connector board is specially designed to work exclusively with the Respironics Trilogy Evo Ventilator. Based on the information provided, the Trilogy EVO Ventilator is intended for use by individuals who suffer from chronic respiratory illnesses and who require assisted breathing to accomplish their ongoing major life activities. In our view, chronic respiratory illness satisfies the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). As such, a secondary classification will apply to Detachable Battery PCA, PN 1127406, 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 Karl Moosbrugger at karl.moosbrugger@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division