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NY R04808

September 22, 2006

CLA-2-84:RR:E:NC:1:120 R04808


TARIFF NO.: 8421.39.8040

Ms. Pilar Dorfoman
E. Besler & Company
115 Martin Lane
Elk Grove Village, IL 60007

RE: The tariff classification of oxygen concentrators from China.

Dear Ms. Dorfoman:

In your letter dated August 31, 2006, you requested a tariff classification ruling on behalf of your client, Cypress Medical Products.

The merchandise under consideration is oxygen concentrators, model numbers POCA01, POCA02, and POCA03. The concentrators measure 20 inches high by 44 inches wide by 12 inches deep. They each weigh 38 pounds, include a foam filter, and have an oxygen output concentration of 93%, plus or minus 3%.

The concentrators take in ambient air, which is comprised of approximately 78% nitrogen, 21% oxygen, and 1% other gases. They then separate the nitrogen and other gases from the oxygen, thus providing the user with a more concentrated oxygen supply. The concentrators are not being imported with nebulizers or other output devices for the oxygen.

The applicable subheading for the oxygen concentrators, model numbers POCA01, POCA02, AND POCA03 will be 8421.39.8040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof: Filtering or purifying machinery and apparatus for gases: Other: Other: Gas Separation Equipment”. The rate of duty will be Free.

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 ruling, contact National Import Specialist Denise Faingar at 646-733-3010.


Robert B. Swierupski

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