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NY N007954




March 30, 2007

CLA-2-39:RR:NC:SP:221

CATEGORY: CLASSIFICATION

TARIFF NO.: 3917.33.0000

Mr. Robert Pontier
Air Cargo Sales, Inc.
429 Moon Clinton Road
Coraopolis, PA 15108

RE: The tariff classification of a plastic tube assembly from China.

Dear Mr. Pontier:

In your letter dated March 5, 2007, on behalf of Respironics, Inc., you requested a tariff classification ruling.

The sample provided with your letter is identified as the “BIPAP Disposable Circuit,” a component of the “BIPAP Respiratory Home Ventilation System” machine. The BIPAP Disposable Circuit consists essentially of one length of plastic tubing measuring approximately 6 feet long and 1 inch in outside diameter (identified as circuit tubing) connected to a second length of plastic tubing measuring approximately 6 feet long and ¼ inch in outside diameter (identified as the proximal pressure line assembly). A tee connector attaches the proximal assembly to a 2 foot length of ¼ inch diameter tubing that attaches to the pressure port of the BIPAP unit. The assembly includes additional components such as an exhalation port, plastic hose clips and a plastic T-connector. The larger diameter circuit tubing is manufactured in the United States. It is then shipped to China where the additional components, including the narrower diameter tubing, all made in China, will be assembled to the circuit tubing. The tube assembly will then be shipped back to the United States to be used with the BIPAP Respiratory Home Ventilation System machine.

As you requested, the sample will be returned.

You propose classification in subheading 9010.20 of the Harmonized Tariff Schedule, which provides for ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof. We agree that the tube assembly is identifiable as a part of the BIPAP Respiratory Home Ventilation System (see Generalized Harmonized System Explanatory Note III to Chapter 90). However, Additional Rule of Interpretation 1(c), HTSUS, provides that, in the absence of special language or context which otherwise requires, a provision for parts of an article covers products solely or principally used as a part of such articles but a provision for "parts" or “parts and accessories” shall not prevail over a more specific provision for such part or accessory. By application of U.S. Rule of Interpretation 1(c), items are excluded from Chapter 90 when there is a specific provision for that part itself. Plastic pipes, tubes and hoses are specifically provided for in heading 3917. For a detailed discussion of the application of U.S. Rule 1(c), see Headquarters Rulings 965968 of December 16, 2002 and 967233 of February 18, 2005.

The applicable subheading for the Bipap disposable circuit tube assembly will be 3917.33.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tubes, pipes and hoses and fittings therefor (for example, joints, elbows, flanges) of plastics, other, not reinforced or otherwise combined with other materials, with fittings. The rate of duty will be 3.1 percent ad valorem.

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/.

You have also asked for a country of origin marking ruling. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The country of origin marking requirements will be met if the BIPAP Disposable Circuits are marked “China” or “Made in China.”

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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