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NY N004565




January 16, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.10.0090

Mr. Kevin Ekstrand
Laufer Clearance Company
1446 Taney
North Kansas City, MO 64116

RE: The tariff classification of a LSP Trauma Air Pant from China

Dear Mr. Ekstrand:

In your letter dated December 15, 2006, for M-C Industries, Inc., you requested a tariff classification ruling. No sample was submitted.

Regarding the LSP Trauma Air Pants, you state: “The first item is called an LSP Trauma Air Pant which is being imported by MC Industries for sale to their customer Allied Healthcare Products. The LSP Trauma Air Pants are made of 420 Denier Nylon fabric and is designed to promote emergency care for the victim experiencing hypovolemic shock”

You also state: “The LSP Trauma Air Pants are imported without the pump, hoses and gauges shown on the picture. These items are inserted by Allied Healthcare Products after importation.”

The pants are imported with the airtight bladders which, when inflated appropriately, will support/compress/immobilize parts of the body of the patient/trauma victim, typically in an emergency. From the information you supplied, “They provide complete counter-pressure around the legs and abdomen, combining safety and comfort for the patient.” We note that, e.g., the Life Medical Supplier web site categorizes the smaller (pediatric) version of the LSP Trauma Air Pants under its Pediatric Immobilization section, on the same page as Traction Splints, etc.

Note 6 to HTSUS Chapter 90 indicates that the orthopedic appliances of HTSUS 9021 includes appliances for supporting or holding parts of the body following an illness, operation or injury.

You indicate that you believe that HTSUS 9018 applies, apparently on the basis that the item “is considered a medical device by the FDA.” However, the Food and Drug Administration, in the interest of public safety, regulates many items which are clearly not classifiable in HTSUS 9018, e. g., artificial parts of the body of HTSUS 9021.

The applicable subheading for the LSP Trauma Air Pants will be 9021.10.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” Orthopedic or fracture appliances, and parts and accessories thereof. The rate of duty will be free.

Regarding the Kangaroo ePump Backpack, we are returning your request for a ruling, and any related samples, exhibits, etc. We need additional information in order to issue a ruling.

Regarding its classification in HTSUS Chapters 1-97, please provide a sample.

Regarding your claim of a secondary classification under HTSUS 9817.00.96, provide the evidence, if any, that the Enteral Feeding Pump is not used by patients with an acute or transient disability, but only (or at least primarily) by those with a permanent or chronic physical impairment. See US Note 4 to HTSUS Chapter 98, Subchapter 17.

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 HTSUS 1-97 classification of the Backpack, contact National Import Specialist Vikki Lazaro at 646-733-3041. If you have any other questions regarding the ruling, contact National Import Specialist J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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