HQ 0083491 - CRYOPAC System - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1991 HQ Rulings > HQ 0081095 - HQ 0084712 > HQ 0083491

HQ 083491

December 26, 1990

CLA-2 CO:R:C:G 083491 JGH

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.19.80

F.F. Schley
CRYOMED Corp.
P.O. Box 1531
Princeton, N.J. 08542

RE: CRYOPAC System

Dear Mr. Schley:

This is in reference to your interest in the tariff status of compress/splint kit.

FACTS:

The CryoPac system (compress/splint kit) is designed to treat acute injuries and consists of a reusable textile compression wrap and a container of refrigerant, with specially designed tubing used to inflate the wrap. The system is used to treat sprains, strains or contusions. The wrap is placed around the injury and the cooling agent released into the wrap, by means of tubing specifically designed for the system, to place optimum cold and consistent pressure on the injury. The purpose is to reduce the swelling and start the healing process. Cold, compression and elevation are said to be the standard triad in the treatment of acute injury.

ISSUE:

Classification of the CryoPac system under the Harmonized Tariff Schedule of the United States (HTSUS).

LAW AND ANALYSIS:

Classification under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings and any relative Section or Chapter notes.

The Explanatory Notes should be consulted for guidance in interpretation of the provisions of the HTSUS.

The comment has been made that the kit can not be considered medical in nature, since it is not used by medical practioners in their professional practice. Heading 9018, HTSUS, applies to instruments and appliances used in medical and surgical practice. The Explanatory Notes state that the heading covers a very wide range of instruments and appliances, which, in the vast majority of cases, are used only in professional practice (e.g., by doctors, surgeons, dentists) either to make a diagnosis, to prevent or treat an illness or to operate etc. Thus, while it is contemplated that the instruments or appliances will be used by doctors, it is acknowledged that others properly trained will also use them. Included in the instruments and appliances listed are such special diagnostic instruments and apparatus as stethoscopes and sphygmomanometers, which are not only used by a physician, but also may be used by some one trained in the art of First Aid, such as a paramedic or sports trainer. The Cryopac system is designed to be used immediately after an injury is sustained to minimize the tissue damage and thus prevent more serious conditions from developing.

Heading 9021, HTSUS,applies to "orthopaedic" appliances, including crutches, surgical belts, and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability. The Explanatory Notes lists various examples of "orthopaedic" appliances covered in heading 9021, HTSUS. Included in this section were traction, appliances for the fingers, trusses and rupture appliances, and appliances for correcting scoliosis and curvature of the spine as well as all medical or surgical corsets and belts, (including certain supporting belts). It goes on to state that special pads adjustable to fit the patient are also included.

In describing the type of relief afforded an injury by the compress/splint method in alleviating the pain and supporting the injured joint, one authority noted that an approved method is one which can cool the limb while maintaining pressure, thus producing"both effective splinting and safe maximum pressure."

The Physician and SportsMedicine -August 1988. Therefore, even though the relief provided is of a temporary nature and not necessarily performed by a physician, it does require application by some one trained in the medical arts. Along with the cold compression, the system provides a support which is similar to a truss or splint.

GRI 3 applies to goods consisting of articles which are classifiable under two or more headings. GRI 3(b) applies to the classification of goods put up in sets for retail sale. This rule states, in pertinent part, that goods put up in sets for retail sale, which cannot be classified in reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character.

The Explanatory Notes state in Note X to Rule 3(b) that the term "goods put up in sets for retail sale" means goods which:

(a) consist of at least two different articles which are prima facie, classifiable in different headings;

(b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and

(c) are put up in a manner suitable for sale directly to users without repacking.

It is believed that while the wrap satisfies the definition of orthopedic appliances in heading 9021, the refrigerant, which consists of a container of dichlorotetrafluoroethane, dichlorodifluoromethane, and triclorofluoromethane, would be classifiable under the provision other mixtures of halogenated hydrocarbons, in subheading 3823.90.4700, HTSUS.

However, the system, as imported, consisting of the compression wrap, refrigerant canister, and specially designed tubing, does constitute a set which meets the criteria outlined above. Accordingly, the kit, which is deemed to be a form of an inflatable splint, is considered an orthopedic type appliance, and would be classifiable according to the component which gives them their essential character: the orthopedic wrap.

HOLDING:

The CryoPac system, a kit which includes a textile compression wrap, a canister of refrigerant and special tubing is classifiable under the provision for other orthopedic appliances, including surgical belts, trusses and splints,in subheading 9021.19.80, HTSUS, dutiable at the rate of 5.8 percent ad valorem.

The refrigerant canister, when imported separately, is classifiable under the provision for other mixtures of halogenated hydrocarbons in subheading 3823.90.4700,HTSUS. The rate if duty is 3.7 percent ad valorem.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling