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NY G86554




February 15, 2001

CLA-2-90:RR:NC:MM:105 G86554

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.20.0080; 9018.90.7580

Ms. Kathleen Crawford
BDP International
1017 4th Avenue
Lester, PA 19029-1813

RE: The tariff classification of Infant Incubators from Germany

Dear Ms. Crawford:

In your letter, dated January 19, 2001, for Drager, Inc., you requested a tariff classification ruling for the Babytherm 8004 and 8010.

No samples were provided, but brochures were submitted with the ruling request.

You state, “These are Intensive Care Infant Warmer units which include thermo monitoring devices. The two units are basically the same except that the Babytherm 8010 also includes a heated gel mattress.” The radiant heater power in both is 600 watts. The mattress heater power in the 8010 is 160 watts. All heaters are turned on and off by an electronic controller which receives information concerning the baby’s skin temperature, the mattress temperature and the peripheral temperature.

Both include a cart for the baby to lie atop of. Each cart has four castors and four pull-out drawers.

Explanatory Note IV-8 to Harmonized System Heading 9018 includes “Artificial incubators for babies”. Your item has the same main use, i.e., preventing illness in the infant due to its inability to maintain its own body temperature in the healthful range. Also, EN IV-7 includes in Actinotherapy Apparatus infra-red ray apparatus when it is used to treat certain diseases.

In the case of the 8004, only the radiant heating keeps the baby at the desired temperature so it provides the item its essential character. In the 8010, the heated mattress is an important element in accomplishing that goal so the radiant heater does not provide the item its essential character by itself.

The brochure for each item states that phototherapy, communications and an infant scale are available options. Since you do not mention the options in your request, this ruling applies only to imports without the options.

The applicable subheading for the 8004 will be 9018.20.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and appliances used in medical, surgical, dental or veterinary sciences, which are non-therapeutic ultraviolet or infrared ray apparatus or parts and accessories thereof. The general rate of duty will be free.

The applicable subheading for the 8010 will be 9018.90.7580, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” electro-medical instruments and appliances and parts and accessories thereof. The general rate of duty will be free.

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 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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