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NY K88657




August 30, 2004
CLA-2-90:RR:NC:N1:105 K88657

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.8000

Mr. Paul Leitner
Continental Agency Inc.
535 Brea Canyon Road
Walnut, CA 91789

RE: The tariff classification of a Duo-Therm Disposable Pad from China

Dear Mr. Leitner:

In your letter dated August 3, 2004, for A Plus International Inc., you requested a tariff classification ruling.

You state: “The subject article is a disposable pad used in hospitals or clinics in heat or cold therapy. The outer surface is made of man made fiber non-woven materials. The inner portion is made of plastics. The item is designed to fill with liquid through two plastic tubes with clips which fit to the plastic inner bag. The item will be manufactured in China.”

The sealed packaging indicates that it is a Duo-Therm Pad, that is disposable, for single patient use only. It states that it is distributed by Allegiance Healthcare Corporation and that it is Made in USA. We assume that your imports will be marked Made in China instead.

Unfolded, the sample is about 1.5 by 2 feet. An elaborate cooler/heater pump is needed to produce the pressured water at the precise temperature that will flow in one tube and out the other.

While heating pads, etc, are useful both in clinics and at home in treating minor sprains, etc., this item is clearly designed for use in professional practice to treat serious conditions such as burns and hypothermia, which use heat and cold as necessary elements in the treatment.

The applicable subheading for your sample will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments and appliances used in medical, surgical, dental or veterinary sciences and 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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