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NY I83497




July 23, 2002

CLA-2-90:RR:NC:N1:105 I83497

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.20.0000

Mr. James Abbott
OEC Logistics, Inc.
5777 W. Century Blvd Suite #265
Los Angeles, CA 90045

RE: The tariff classification of a disposable humidifier from Taiwan

Dear Mr. Abbott:

In your letter dated July 5, 2002, for Maersk Medical, Inc. you requested a tariff classification ruling.

The sample is a transparent plastic cylinder about 3 inches in diameter and 6 inches in height. It is etched RE-FILL about 1 inch up and MAX. about 5 inches up. Apparently a fluid (likely water) is put into the cylinder and is used up in humidifying the air that the patient gets from the Automatic Resuscitator it is used with.

It has a screw-on plastic top with molded-in male connections for tubing, a 2 psi relief valve, and a 7 inch length of plastic tubing with a cap on one end.

We assume it is disposable to reduce the chance of contamination of the next patient.

Explanatory Note V to Harmonized System Heading 9019 states that “OXYGEN THERAPY, ARTIFICIAL RESPIRATION OR OTHER THERAPEUTIC RESPIRATION APPARATUS” is “used in cases of drowning, electrocution, acute poisoning (e.g., carbon monoxide), for weak newly-born babies, post-operative shock, infantile paralysis (poliomyelitis), acute asthma, insufficient lung development, etc.” Your information indicates that the resuscitator is used in emergency applications, including in ERs, airplanes and schools.

The applicable subheading for the sample will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof. The 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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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