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NY I81107

May 7, 2002

CLA-2-90:RR:NC:N1:105 I81107


TARIFF NO.: 9018.19.9550

Mr. Brian Kavanaugh, Trade Advisor
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, NY 12979

RE: The tariff classification of FlexiVent from Canada

Dear Mr. Kavanaugh:

In your letter, no sample, dated April 17, 2002, for SCIREQ Inc., you requested a tariff classification ruling.

In the attached Summary, you state: “The FlexiVent is a revolutionary modular mechanical ventilator for small laboratory animals incorporating an entirely computer-controlled piston pump. The FlexiVent’s unique design permits measurements of resistance, elastance (equals 1/ compliance) and oscillation mechanics with unprecedented accuracy under precisely controlled experimental conditions.”

The device is not used on “spontaneous breathing animals.” However, unlike the ordinary ventilator/iron lung, they are not the artificial respiration or other therapeutic respiration apparatus of HTS 9019.20.00 in that their purpose is to measure the subject’s respiratory parameters, not to assist the animal.

We do not agree that 9018.90.40 applies, since we believe “exploratory examination” implies a more invasive, hands-on method. HRL 961705, 8-25-99, noted.

The applicable subheading for the FlexiVent will be 9018.19.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” Instruments and appliances used in medical, surgical, dental or veterinary sciences - Electro-diagnostic apparatus (including apparatus for functional exploratory examination or for checking physiological parameters). 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.


Robert B. Swierupski

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