The tariff classification of adapters for pacemakers or defibrillators from Germany

N243685 July 26, 2013 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8544.42.9000 Sunny Kim LCB/Senior Compliance Analyst James J. Boyle & CO. 1200 Corporate Center Dr. #350 Monterey Park, CA 91754 RE: The tariff classification of adapters for pacemakers or defibrillators from Germany Dear Ms. Kim: In your letter dated June 25, 2013, you requested a tariff classification ruling on behalf of your client, Biotronik, Inc. The items concerned are adapters that are used with a pacemaker or defibrillator. There are 5 models in question (Model #s 109343, 118718, 124871, 120344, 103864). These items consist of a connector and a lead connector receptacle. A short insulated multifilar coiled conductor joins the connector of the adapter to the lead receptacle end. Each adaptor model does not contain any electrical elements that perform an electrical conversion function, but rather only incorporate different connectors and receptacles. The connection between the implanted lead and the adapter is accomplished by set screws and ligatures. Upon importation the adapter is packaged in two plastic containers, one within the other. Within the packaging are the adapter, a tube of medical adhesive and a hex torque wrench. Each container is individually sealed and then sterilized and placed within a box. The primary function of the leads is to establish an electrical connection between the pacemaker or defibrillator and the lead. Both leads and pacemakers/defibrillators may have different size connectors that require a suitable adaptor for a secure electrical connection. When connecting leads the wrench is used to turn the setscrew in the adapter receptacle. Screw openings must be sealed with medical adhesive. The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. This office considers the adapter, the tube of medical adhesive and a hex torque wrench to be a set for tariff classification purposes, with the essential character imparted by the pacemakers/defibrillators adapters (Model #s 109343, 118718, 124871, 120344, 103864). The applicable subheading for the pacemakers/defibrillators adapters (Model #s 109343, 118718, 124871, 120344, 103864) will be 8544.42.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insulated wire, cable…: Other electrical conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Other.” The general rate of duty will be 2.6%. Regarding these items, you have asked about the possibility of a secondary classification in HTSUS 9817.00.96. From the information which you have supplied regarding their construction and features, these items were specially designed for use as parts or accessories to implanted pacemakers/defibrillators, which Headquarters Ruling Letter 556243, dated December 2, 1991, et al, have found to be described by HTSUS 9817.00.96. Since they were specially designed for use with pacemakers/defibrillators, a secondary classification will apply for these items in HTS 9817.00.96, as parts or accessories which were specially designed or adapted for use in articles which were specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped (except articles for the blind.) Note that the requirement that the importer 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 or countervailing or dumping duties. 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 classification in 9817.00.96, HTSUS, of these items, contact National Import Specialist J. Sheridan at 646-733-3012. If you have any other questions regarding the ruling, contact National Import Specialist Josephine Heaning at (646) 733-3015. Sincerely, Thomas J. Russo Director National Commodity Specialist Division