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NY D84073




November 18, 1998

CLA-2-90:RR:NC:MM:105 D84073

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.19.9550

Mr. Charles Di Prinzio
A.N. Deringer Inc
46725 Interstate 81
Alexandria Bay, NY 13607

RE: The tariff classification of devices used in sleep disorder studies from Canada

Dear Mr. Di Prinzio:

In your letter, dated October 20, 1998, for Braebon Medical, you requested a tariff classification ruling.

Your letter requested the classification of four items: 0510 Airflow Sensor, 0520 Effort Sensor, 0522 Effort Sensor, and 0530 Body Position Sensor. You included samples, each in their own plastic bag with descriptive sheets, for the 0510, 0522, and 0530, but none for the 0520 so we will not be able to rule specifically upon it. You included a separate fabric strap with plastic fittings, 0526, but you have not asked for its classification nor given any information about it.

The Airflow Sensor, 0520, fits the literal language of heading 9026 in that it is an apparatus for measuring the flow of a gas, here exhaled air. However, it does not directly measure the flow, which is characteristic of the apparatus in 9026, but reacts to the temperature of the exhaled air. Since, as you indicate, respiration does warm the exhaled air, its temperature is used by the device to approximate the flow. This is a highly specialized apparatus which can give air flow "measurements" only for respiration. It thus is not well described by 9026.

The applicable subheading for the 0510, 0522, and 0530 will be 9018.19.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, other apparatus for checking physiological parameters. The general rate of duty will be .8 percent ad valorem.

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 James Sheridan at 212-466-5669.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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