The tariff classification of a USB to DB9 adapter cable from China and Thailand

N316909 January 28, 2021 CLA-2-85:OT:RR:NC:N2:209 CATEGORY: Classification TARIFF NO.: 8517.62.0090, 9817.00.96 Robert Leo Meeks, Sheppard, Leo & Pillsbury 570 Lexington Avenue, Suite 2405 New York, NY 10022 RE: The tariff classification of a USB to DB9 adapter cable from China and Thailand Dear Mr. Leo: In your letter dated January 12, 2021, you requested a tariff classification ruling on behalf of your client, Respironics, Inc. The item concerned is referred to as the “Trilogy EVO Cable Isolated USB to DB9” (#1127405). This specialized adapter cable is designed, manufactured and used exclusively with Respironics’ Trilogy Evo Ventilators. The Trilogy Evo ventilator provides invasive and non-invasive, positive pressure ventilation to adult, pediatric, and infant patients, who suffer with profound chronic respiratory insufficiency and chronic respiratory failure. The “Trilogy EVO Cable Isolated USB to DB9” is a custom cable that was designed to connect the Trilogy EVO Ventilator to a PC or host device. It is stated that this adapter cable is an integral part of, and is designed to be used exclusively with the Trilogy EVO series of ventilators. It cannot be used for any other purpose or in the assembly of any other device. This cable assembly incorporates an adapter module consisting of a custom printed circuit board assembly (PCBA), a USB male connector on one end, and a DB9 male connector on the other end. The adapter module facilitates the conversion of a USB communication signal to an RS-232 communication signal and vice versa. Additionally, the module creates an isolation barrier for both the power and communication signals. It also converts power in the form of a linear regulator, creating the 3.3 volts it needs to run. In your request you state that the subject adapter cable is correctly classified under subheading 8544.42.9090, HTSUS. We disagree. You state that the subject cable is meant to convert a USB data signal to RS-232 signal within the incorporated printed circuit assembly. Heading 8544, HTSUS, is meant to cover only those cables that conduct or transmit a data or electrical signal. The presence of the ability to convert or change the signal from one format to another would exclude the item from classification within the requested heading. Classification under subheading 8544.42.9090, HTSUS, is not applicable. The applicable subheading for the “Trilogy EVO Cable Isolated USB to DB9” (#1127405) will be 8517.62.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data…: Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” The general rate of duty will be Free. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8517.62.0090, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 8517.62.0090, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. In your submission you request consideration for a secondary classification of 9817.00.96, which covers articles specially designed or adapted for the use or benefit of the physically or mentally handicapped, along with parts and accessories thereof. Chapter 98, Subchapter XVII, U.S. Notes 4(a) 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.” Based on the information provided, we agree that a secondary classification will apply for these items in 9817.00.96, HTSUS, as parts and accessories specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped free of duty and user fees (if any). Please note that the additional duties imposed by subheadings 8517.62.0090 do not apply to goods for which entry is properly claimed under a provision of chapter 98 of the HTSUS, except for goods entered under headings 9802.00.40, 9802.00.50, 9802.00.60, and 9802.00.80. For headings 9802.00.40, 9802.00.50, and 9802.00.60, the additional duties apply to the value of repairs, alterations, or processing performed abroad, as described in the applicable heading. For heading 9802.00.80, the additional duties apply to the value of the article less the cost or value of such products of the United States, as described in heading 9802.00.80. 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 Steven Pollichino at steven.pollichino@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division