The tariff classification of programmers for ICDs from Germany

N243688 July 25, 2013 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.70.9650 Sunny Kim LCB/Senior Compliance Analyst James J. Boyle and CO. 1200 Corporate Center Dr. #350 Monterey Park, CA 91754 RE: The tariff classification of programmers for ICDs 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 programmers for implanted cardiac devices (ICDs). There are 2 models in question (Model #s ICS-3000 / ICS 3000-IM, and Renamic). The components and dimensions are the same for both models. They measure 13.6 inches in height, 18.7 inches in width and 4.9 inches in depth. The Operation module is a 12 inch color touch screen. It connects to the docking station via a central connector. The docking station contains a CD drive, a printer, a paper tray, USB port, bluetooth, a serial port and a power supply. The basic function of the programmers is to calibrate an implanted pacemaker or defibrillator. These external devices both collect data and information transmitted by the patient’s pacemaker or defibrillator and transmits these data either via landline or wireless to the physician’s office where the physician will monitor and evaluate the data received. While these devices both calibrate an implanted pacemaker or defibrillator, the ICS 3000 comes with an optional Implant Module (IM); the Renamic has this as a standard feature. All Biotronik external devices are manufactured only to perform a specific function related to implantation of a pacemaker or defibrillator or related to patient follow-up. The applicable subheading for the programmers for implanted cardiac devices will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: 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