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NY L80837




December 3, 2004

CLA-2-90:RR:NC:N1:105 L80837

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.20.0000

Ms. Bridget Moore
WTS of Houston, Inc.
5900 Morales Road
Houston, TX 77032

RE: The tariff classification of a Res-q-scope Laryngoscope from Hong Kong

Dear Ms. Moore:

In your letter dated November 2, 2004, you requested a tariff classification ruling. No samples were submitted.

You state, “The product allows the health care provider to render aid to clear the patients breathing pathway and to view their blockage to determine what method to proceed in rendering aide.”

The copy of the Web page you provided states that it will be used by “EMT’s, paramedics, ambulances, rescue teams, disaster area first responders, emergency preparedness and the military.” It describes it as “A Field Video Laryngoscope that brings directly to the emergency field, digital color imaging technology and the convenience of disposability when rapid and multiple endotracheal intubations are essential. It features a multiple position LCD screen which conveniently, allows for intubation from virtually around the patient.” It further states, inter alia, that it provides “visual control of intubation.”

It is clear to us that it is primarily designed to assist those who are temporarily not breathing normally either by locating debris which is blocking the air passage or by making it easier to insert tubing correctly down the trachea either to keep the passage open, per se, or to provide an entrance for forced inhalation.

You propose classification in 9018.90.30 as other anesthetic instruments or appliances, but there is no evidence it would be used predominately, or even commonly, in the process of anesthetizing a patient for a surgical or exploratory procedure.

Harmonized System Explanatory Note V-A to 90.19 includes appliances used for artificial respiration, including manual means and forced inhalation.

The applicable subheading for your item 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 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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