The tariff classification of a centrifugal blower assembly from Mexico

N312689 July 20, 2020 CLA-2-84:OT:RR:NC:N1:102 CATEGORY: Classification TARIFF NO.: 8414.59.6560; 9817.00.96 Robert J. Leo Meeks, Sheppard, Leo & Pillsbury 570 Lexington Avenue 24th Floor New York, New York 10022 RE: The tariff classification of a centrifugal blower assembly from Mexico Dear Mr. Leo: In your letter dated June 22, 2020, you requested a tariff classification ruling on behalf of your client, Respironics, Inc. The product under consideration is a centrifugal blower assembly, part number 1145164. The blower assembly is exclusively used in Respironics’ DreamStation BiPAP and CPAP devices that assist people with chronic breathing issues, including Sleep Apnea. The assembly primarily consists of a brushless motor, a centrifugal impeller, a custom-shaped inlet and outlet, circuitry that connects to a Dreamstation blower box, and power signal connections that are designed to function with a Dreamstation device’s printed circuit assembly. The blower assembly measures three inches in diameter and features mounting prongs that allow the blower to be supported within a DreamStation device’s blower box. In use, the blower assembly delivers a continuous flow of air to the user. You suggest that the applicable subheading for the blower assembly, part number 1145164, is subheading 8414.59.6560. We agree. The applicable subheading for the blower assembly, part number 1145164, will be subheading 8414.59.6560, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; parts thereof: Fans: Other: Other: Other: Other: Centrifugal. The general rate of duty is 2.3 percent ad valorem. In your submission you request consideration of a secondary classification for the subject blower assembly 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”. In this request, it is stated that the subject blower assembly is the component that allows the device to provide continuous positive airway pressure to the patient. The blower is essential to the function of the Dreamstation BiPAP and CPAP units. CBP has previously determined that BiPAP and CPAP machines with which the subject blower assembly is used are eligible for the secondary classification of HTSUS 9817.00.96, e.g., New York Rulings N308133, dated December 18, 2019, and N172236, dated July 22, 2011. In these rulings, CBP determined that BiPAP and CPAP machines used to treat individuals with respiratory afflictions were specifically designed and adapted for the benefit of persons suffering from a chronic physical impairment and as such, eligible for the secondary classification under HTSUS 9817.00.96, as chronic respiratory illnesses satisfy the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). As such, a chronic respiratory illness satisfies the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a) and the secondary classification of 9817.00.96 will apply to the blower assembly, part number 1145164. 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 Sandra Martinez at Sandra.martinez@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division