The tariff classification a power supply from China

N308577 January 21, 2020 CLA-2-85:OT:RR:NC:N2:220 CATEGORY: Classification TARIFF NO.: 8504.40.9520; 9817.00.96 Robert Leo Meeks, Sheppard, Leo & Pillsbury 570 Lexington Avenue New York, NY 10022-6850 RE: The tariff classification a power supply from China Dear Mr. Leo: In your letter dated December 22, 2019 you requested a tariff classification ruling on behalf of your client, Respironics, Inc. The merchandise under consideration is identified as the Power Supply, Part # 1126625, which is described as a 20 Volt, internally mounted power supply consisting of a printed circuit board assembly having special electromagnetic interference shielding. The Power Supply is said to be used exclusively with a Respironics Trilogy EVO Ventilator and is specially designed and produced to meet medical device regulatory and safety requirements. We would note that Power Supply functions as the primary source of power for the ventilator. In your request, you suggest the Power Supply should be classified under 8504.40.9520, Harmonized Tariff Schedule of the United States. We agree. The applicable subheading for the Power Supply, Part # 1126625, will be 8504.40.9520, HTSUS, which provides for “electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: static converters other: rectifying and rectifying apparatus: power supplies: with a power output exceeding 50 W but not exceeding 150 W.” The general rate of duty will be Free. In your submission, you request consideration of a secondary classification for the Power Supply under 9817.00.96, HTSUS, which applies to articles and parts of articles specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped. Chapter 98, Subchapter XVII, U.S. Note 4(a), HTSUS, defines the term “blind or other physically or mentally handicapped persons” as including “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 state that the Power Supply is specially designed to work exclusively with the Trilogy EVO Ventilator. Based on the information provided, the Trilogy EVO Ventilator is intended for use by individuals who suffer from chronic respiratory illnesses and who require assisted breathing to accomplish their ongoing major life activities. In our view, chronic respiratory illness satisfies the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). As such, a secondary classification will apply to Power Supply, Part # 1126625, under 9817.00.96, HTSUS, which affords free duty treatment aside from any additional duties and/or applicable fees upon importation into the United States. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Karl Moosbrugger at karl.moosbrugger@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division