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NY L81104

December 29, 2004

CLA-2-90:RR:NC:N1:105 L81104


TARIFF NO.: 9019.20.0000

Mr. George M. Keller
Customs Advisory Services, Inc.
1003 Virginia Ave. – Suite 200
Atlanta, GA 30354

RE: The tariff classification of Headgear Yokes from China

Dear Mr. Keller:

In your letter dated November 29, 2004, for AccuMed Technologies, Inc., you requested a tariff classification ruling.

Your Exhibit A describes your samples:

“Part Numbers R605-711 Headgear Yoke RHS Swift and R605-714 Headgear Yoke LHS Swift are 100% nylon molded plastic yokes and are used as parts of the harness for a sleep apnea therapeutic respiration apparatus.”

Regarding the item that they will be incorporated in, Exhibit B states:

“Enjoy the flexibility only Mirage Swift can offer

The Mirage Swift Nasal Pillows System offers four interchangeable tube positions—up or down, left or right.

This flexibility provides the freedom you are looking for. It gives you greater choice of sleeping positions for a comfortable night’s sleep”

“Discover the ResMed difference

In addition to being light and flexible, the Mirage Swift is a nasal pillows system that really works.

ResMed represents premium, tried and trusted products for positive airway pressure therapy.”

From the Components Card in Exhibit B, it is clear that the circular ends of the two mirror image samples hold in place the nasal pillows that are inserted in the user’s nostrils and that the nasal pillow is attached via connectors and tubing to an air pump.

In Exhibit B, you have supplied copies of the detailed ResMed engineering drawings followed in making the samples. Also, “ResMed” and “Mirage Swift” are molded into the samples. These establish that the samples can be identified as parts of the Nasal Pillows System for sleep apnea.

The samples, per se, are not covered by any of the headings cited in Note 2-a to HTS Chapter 90, are not excluded by its Note 1, and are not covered by a “specific provision,” so HTS Additional US Rule of Interpretation 1-c does not apply.

We agree that the applicable subheading for your samples will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, “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.


Robert B. Swierupski

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