HQ 0082973 - Digital Blood Pressure Machines from Hong Kong - United States International Trade Commision Rulings

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HQ 082973

October 4, 1989

CLA-2 CO:R:C:G 082973 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.70

Mr. Robert J. Sencen
Tele-Art Marketing, USA
1416 38th Street
Brooklyn, NY 11218

RE: Digital Blood Pressure Machines from Hong Kong

Dear Mr. Sencen:

Your letter of July 12, 1988, requesting a classification ruling for your Digital Blood Pressure Machines from Hong Kong has been forwarded to this office for a reply.

FACTS:

The merchandise in question are Digital Blood Pressure Machines imported from Hong Kong. The machines are electronic blood pressure measuring instruments which are also equipped with a pulse meter function. They allow blood pressure readings to be taken without the use of a stethoscope and appear to be suitable for use in the home. Four of the five models submitted operate on four 1.5 v UM3 batteries.

ISSUE:

What is the proper classification under the Harmonized Tariff Schedule of the United States (HTSUSA) for the Digital Blood Pressure Machines?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes..." The relevant heading is 9018, HTSUSA. Heading 9018, HTSUSA, describes "Instruments and appliances used in medical, surgical...sciences...other electro- medical apparatus...parts and accessories thereof..."

There are no section or chapter notes pertaining specifically to heading 9018, HTSUSA. We may also examine the Explanatory Notes of the Harmonized Commodity Description and Coding System (HCDCS). The Explanatory Notes, although not dispositive, should be looked to for the proper interpretation of the HTSUSA. See 54 Fed. Reg. 35127, 35128 (August 23, 1989).

Explanatory Note 90.18, HCDCS, Vol. 4, p. 1487, states that "This heading covers a very wide range of instruments and appliances which, in the vast majority of cases, are used only in professional practice...either to make a diagnosis, to prevent or treat an illness or to operate, etc." Although the instruments in question are designed for laymen, not medical professionals, their function is the same as the other apparatus mentioned in Explanatory Note 90.18 -- to monitor the physical health of the patient.

In the opinion of this office, the fact that the patient is also the user of these machines does not exclude these devices from heading 9018, HTSUSA. The purpose for utilizing these instruments is intrinsically medical. These Digital Blood Pressure Meters are electro-medical apparatus within heading 9018, HTSUSA, even though they are not within that vast majority of instruments which are used only in professional practice.

HOLDING:

The Digital Blood Pressure Meters to be imported from Hong Kong are classified within heading 9018.90.70. The rate of duty is 4.2 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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