The tariff classification of an active warming system from Germany

N235366 November 27, 2012 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.70.9650 Ms. Angie Dusten Schenker, Inc. 10401 Harrison Rd Romulus, MI 48174 RE: The tariff classification of an active warming system from Germany Dear Ms. Dusten: In your letter dated November 12, 2012, you requested a tariff classification ruling. The items concerned are referred to as the Geratherm UniqueResc Warming Blanket (model #’s Mini Rescue II R130 and Super Mini Rescue II R150). These electric warming blankets are described as active warming systems which would be used on an individual/patient, to maintain “normathermia” during transport. They are thermal regulating systems for adult patients used to prevent hypothermia in preclinical settings or treatments on-site. They are intended for use while at the rescue scene, during patient transport by air or ground to a medical facility or e.g. during disaster operations in first aid tents. The blankets are comprised of a water protective cover made from Dacron polyurethane laminate cloth. Internally they contain a polyester fill, a Kevlar membrane, proprietary heating element material and control electronics. They also incorporate a power cable, electrical control panel and a pop valve. You propose classification in HTSUS “9018.90.7580 which provides for electrical apparatus for controlling temperature specifically for medical situations.”  In fact, HTSUS 9018.90.7580 provides for Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof – “Other” Electro-medical instruments and appliances and parts and accessories thereof.  As indicated in the Harmonized System Explanatory Note to 9018, those items are used in the professional practice of medicine by doctors, dentists, etc.  These items are designed to keep a person from suffering from the cold, which is the usual function of a blanket, not to treat any particular disease or injury. As such classification within HTSUS 9018.90.7580 is inapplicable.     The applicable subheading for the Geratherm UniqueResc Warming Blanket (model #’s Mini Rescue II R130 and Super Mini Rescue II R150) will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other”. The rate of duty will be 2.6%. 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 the National Import Specialist at (646) 733-3008. Sincerely, Thomas J. Russo Director National Commodity Specialist Division