The tariff classification of a textile charging belt from China

N184400 October 5, 2011 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889, 9817.00.96 Kevin Ekstrand Laufer Group International, LTD 7007 NE Parvin RoadKansas City, MO 64117 RE: The tariff classification of a textile charging belt from China Dear Mr. Ekstrand: In your letter dated September 7, 2011, on behalf of M-C Industries, you requested a tariff classification ruling. A sample was provided. You submitted a sample of an article you refer to as a charging belt for the Precision Plus™ SCS Charger. The belt is made of man-made textile fabric and fastens around the waist by means of hook-and-loop closures. The belt features a small mesh pouch with a hook-and-loop closure. This pouch is intended to hold a Spinal Cord Stimulation system cordless charger. The charger is used to recharge an implanted device known as an Implantable Pulse Generator (IPG). The IPG is surgically implanted to treat chronic back pain and needs to be recharged periodically. The charging belt is intended to hold the charger directly over the area where the IPG is implanted, allowing the charger to wirelessly recharge the implanted system. The applicable subheading for the charging belt will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem. In your submission you request consideration of a secondary classification for the charging belt under HTSUS 9817.00.96, as an article specially designed or adapted for use by the chronically or permanently disabled or handicapped persons. HTSUS Chapter 98, Subchapter 17, U.S. Note 4(a), states that the term "blind or other physically or mentally handicapped persons" includes 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 argue that this belt has been specially designed as part of a system intended to aid in the management of chronic lower back and leg pain. The belt is an accessory to the Precision Plus™ Spinal Cord Stimulation (SCS) system. Based on the information you included with your submission, the SCS system consists of the aforementioned IPG, which is implanted into an individual’s body. The IPG is connected to insulated wires, called leads, that are in turn connected to various points on the spinal cord. The leads deliver electrical pulses from the IPG to the spinal cord which has the effect of masking the pain signals received by the brain. The IPG needs to be recharged regularly, a task handled by the SCS system’s cordless charger. To recharge the IPG, the charger must be held directly over the location where the IPG was implanted. The textile belt was specially designed to perform this function. It contains a pouch to hold the cordless charger, and can be worn in a manner that positions the charger directly over the IPG’s location. It allows a user to charge the IPG while on the move, and prevents potential injury to the user while charging (per the manufacturer’s warning you included, failure to use the charger with either the charging belt or an adhesive patch can result in a burn, as the charger does tend to get hot). Chronic pain does substantially limit one or more of the major life activities mentioned above. As a result Customs has found that people suffering from chronic pain are considered handicapped within the meaning of U.S. Note 4(a) (see Headquarters Ruling Letter 563002, dated May 26, 2004). The fact that the SCS system is intended to be surgically implanted into an individual clearly illustrates that it is designed to treat chronic pain, as opposed to a temporary or acute affliction. The charging belt does serve an important role in the functioning of the SCS, in that it facilitates the recharging of the IPG by holding the charger in place. It is specially designed to perform this role and serves no other useful function. On that basis we agree that a secondary classification will apply for the charging belt in subheading 9817.00.96, HTSUS, as specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped (except articles for the blind), free of duty and user fees (if any). Note that the requirement that you prepare and file a U.S. Department of Commerce form ITA-362P has been eliminated via a notice from the International Trade Administration, published in the Federal Register of June 1, 2010. Also note that this classification has no effect on any quota, visa, or restricted merchandise requirements. 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 concerning the classification of this item in subheading 9817.00.96, contact National Import Specialist J. Sheridan at (646) 733-3012. If you have any other questions regarding the ruling, contact National Import Specialist Mitchel Bayer at (646) 733-3102. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division