The tariff classification of endoscope reprocessor washer-disinfectors from France

N100719 May 6, 2010 CLA-2-84:OT:RR:NC:1:104 CATEGORY: Classification TARIFF NO.: 8479.89.9899 Mr. David K. Lamb Getinge USA, Inc. 1777 East Henrietta Road Rochester, NY 14623 RE: The tariff classification of endoscope reprocessor washer-disinfectors from France Dear Mr. Lamb: In your letter dated April 8, 2010 you requested a tariff classification ruling. The Getinge endoscope reprocessor washer-disinfectors, models “Poka-Yoke” and “ED-Flow”, are designed to wash, disinfect and rinse heat-sensitive flexible endoscopes. As the application of the high temperatures and moisture associated with steam sterilization can damage endoscopes, the models in question employ low temperature chemicals to disinfect, not sterilize, the instruments. The two parts (Agent A and Agent B) of the disinfectant must be mixed prior to the spraying operation. Mixing is achieved by (1) bringing Agent A into a reservoir and mixing it first with water before it is introduced into the reprocessing chamber, (2) introducing Agent B into the reprocessing chamber without being mixed with water and (3) mixing Agents A and B in the reprocessing chamber so as to achieve the desired disinfectant formula. This formula is then utilized in two ways, i.e., (1) sprayed through the rotating spray heads and (2) pumped directly through each endoscope’s tubing pathways so as to treat and flush the instrument’s internal surfaces. The ED-Flow features two independent chambers so that two endoscopes may be processed concurrently. The Poka-Yoke can only process one endoscope at a time in its single chamber. The applicable subheading for the Getinge endoscope reprocessor washer-disinfectors, models “Poka-Yoke” and “ED-Flow”, will be 8479.89.9899, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other…Other. The rate of duty will be 2.5 percent ad valorem. In your letter, you propose that the machines in question be classified in subheading 8422.19.0000, HTSUS, as non-household type dishwashing machines. As noted in the Explanatory Notes (“ENs”) to heading 84.22, said provision covers dishwashing machines, whether or not domestic, for items such as plates, glasses, spoons and forks. As endoscopes are not of the same class or kind of goods as the exemplars noted in the ENs, subheading 8422.19.0000, HTSUS, would not be applicable. 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 Patricia O’Donnell at (646) 733-3011. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division