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HQ 952720


December 2, 1992

CLA-2 CO:R:C:M 952720 RFA

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.50

District Director of Customs
555 Battery Street
P.O. Box 2450
San Francisco, CA 94126

RE: IA 56/92; Digital Blood Pressure Machines; Sphygmomanometers; 9018.19.80; 9018.90.70; PC 874257, Revoked; PC 864808, Revoked; HQ 082973, Revoked

Dear District Director:

This is in response to your memorandum of August 14, 1992 (CLA-2-90-:SF:T2:WP), requesting internal advice (IA 56/92) on behalf of A&D Engineering, Inc.'s Medical Division, for the proper classification of digital blood pressure machines under the Harmonized Tariff Schedule of the United States (HTSUS). We have been asked to review pre-classification rulings PC 874257 (June 2, 1992) and PC 864808 (August 9, 1991), as well as HQ 082973 (October 4, 1989), which relate to the classification of digital blood pressure machines.

FACTS:

The merchandise in question are digital blood pressure machines, A&D Engineering Inc.'s Medical Division model numbers UA-731, UA-701, and UA-711. The machines which perform like sphygmomanometers, are electronic blood pressure measuring instruments which allow blood pressure readings to be taken without the use of a stethoscope. The machines contain a microphone which picks up the arterial pulsating sound and transforms it into an electrical impulse that controls the operation of the electronic devices in the manometer unit. All three models submitted operate on batteries.

ISSUE:

Are the described devices sphygmomanometers or are they other electro-medical instruments and appliances under the HTSUS?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes, and if not, by the following GRI's, taken in order.

In HQ 082973, we stated that digital blood pressure machines are classifiable under subheading 9018.90.70, HTSUS, which provides for "[i]nstruments and appliances used in medical, surgical, dental or veterinary science. . .[o]ther instruments and appliances. . .[o]ther. . .electro-medical instruments and appliances. . . [o]ther."

In PC 874257 and PC 864808, you stated that digital blood pressure machines were held to be classifiable under subheading 9018.19.80, HTSUS, which provides for "[i]nstruments and appliances used in medical, surgical, dental or veterinary science. . ..[e]lectro-diagnostic apparatus. . .[o]ther. . .

Subheading 9018.90.50, HTSUS, describes "[i]nstruments and appliances used in medical. . .[o]ther instruments and appliances and parts. . .[s]phygmomanometers. . ." Stedman's Medical Dictionary (25th ed., Illustrated), at page 1448, defines sphygmomanometer as "an instrument for measuring arterial blood pressure consisting of an inflatable cuff, inflating bulb, and a gauge showing the blood pressure."

The subject digital blood pressure machines contain a microphone which picks up the arterial pulsating sound and transforms it into an electrical impulse that controls the operation of the mechanical devices in the manometer unit. Although this feature is not described in the above cited definition of the sphygmomanometer, it is our position that this factor should not preclude the articles from being classified as sphygmomanometers. It is a fundamental and longstanding tariff classification principle that an eo nomine designation of an article, absent legislative intent or other contrary limitations, includes all forms of an article.

The purpose of the device is to measure an individual's blood pressure and it should be classified as a sphygmomanometer. The proper classification of the devices are as sphygmomanometers under subheading 9018.90.50, HTSUS.

HOLDING:

The digital blood pressure machines are classified as sphygmomanometers in subheading, 9018.90.50, HTSUS. The column 1, general rate of duty is 3.4 percent ad valorem. This notice to you should be considered a revocation of HQ 082973 (October 4, 1989), PC 874257 (June 2, 1992) and PC 864808 (August 9, 1991) under section 177.9(d) of the Customs Regulations [19 CFR

Please furnish a copy of this ruling to the internal advise applicant.

EFFECT ON OTHER RULINGS:

HQ 082973 (October 4, 1989), PC 874257 (June 2, 1992), and PC 864808 (August 9, 1991) are revoked pursuant to section 177.9(d) of the Customs Regulations [19 CFR 177.9(d)].

Sincerely,

John Durant, Director
Commercial Rulings Division

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