The tariff classification of a metabolic exercise tester from Germany

N099336 April 23, 2010 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9018.19.9550 Ms. Joanna Cox Department of the Air Force8150 Aeromedical RoadBrooks City Base, TX 78235 RE: The tariff classification of a metabolic exercise tester from Germany Dear Ms. Cox: In your letter dated March 29, 2010, you requested a tariff classification ruling. In your submission you describe the Metamax 3X Mixing Chamber System, manufactured by CORTEX Biophysik of Germany. The Metamax 3X is a lightweight metabolic exercise tester consisting of multiple components. Based on information found on CORTEX Biophysik’s website, the device is designed to test an individual’s cardiac and respiratory functions under exercise conditions, and is primarily marketed to cardiologists, pulmonologists, and practitioners of sports medicine. The Metamax 3X system consists of a CPX base unit that is worn on the user’s shoulder, a volume transducer with a temperature sensor, a heartrate sensor, and a facemask set that fits over the user’s nose and mouth. The system also includes several straps and clips to attach the device comfortably to the user, as well as batteries and a battery charger, a telemetry receiver, and connection cables that can be used to transfer data to a PC, along with a proprietary software program called Metasoft. All of these components are imported together as a single system. The system works by having a patient or athlete affix the CPX base unit, sensors, and face mask to their person, and then perform some type of cardiovascular exercise, like running. During this exertion the Metamax system records the subject’s respiratory and cardiac function. The device can then transfer the data to a computer, where the results are analyzed by the Metasoft software program. The data can be transmitted to a computer by means of a connector cable, or wirelessly. The wireless capability of the CPX base unit also allows patients to perform their exercise outdoors, as opposed to on an indoor treadmill.The Metamax 3X allows physicians to perform non-invasive cardiopulmonary exercise testing. Performing these tests while a patient or athlete is running can allow a medical professional to diagnose symptoms that would not be evident in examinations performed at rest. This in turn can facilitate the early identification of certain afflictions, and allow the doctor to evaluate and treat the patient accordingly. The applicable subheading for the Metamax 3X Mixing Chamber System will be 9018.19.9550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” Electro-diagnostic apparatus, including apparatus for checking physiological parameters. The rate of duty will be free. 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 http://www.usitc.gov/tata/hts/. 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 J. Sheridan at (646) 733-3012. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division