us-cbp-cross-rulings-hq-083491•HQ 083491: CRYOPAC System
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 083491
December 26, 1990
CLA-2 CO:R:C:G 083491 JGH
CATEGORY: Classification
TARIFF NO.: 9021.19.80
F.F. Schley
CRYOMED Corp.
P.O. Box 1531
Princeton, N.J. 08542
RE: CRYOPAC System
Dear Mr. Schley:
This is in reference to your interest in the tariff
status of compress/splint kit.
FACTS:
The CryoPac system (compress/splint kit) is designed to
treat acute injuries and consists of a reusable textile
compression wrap and a container of refrigerant, with specially
designed tubing used to inflate the wrap. The system is used
to treat sprains, strains or contusions. The wrap is placed
around the injury and the cooling agent released into the wrap,
by means of tubing specifically designed for the system, to
place optimum cold and consistent pressure on the injury. The
purpose is to reduce the swelling and start the healing
process. Cold, compression and elevation are said to be the
standard triad in the treatment of acute injury.
ISSUE:
Classification of the CryoPac system under the Harmonized
Tariff Schedule of the United States (HTSUS).
LAW AND ANALYSIS:
Classification under the HTSUS is governed by the General
Rules of Interpretation (GRI's). GRI 1 provides that
classification is determined first in accordance with the terms
of the headings and any relative Section or Chapter notes.
-2-
The Explanatory Notes should be consulted for guidance in
interpretation of the provisions of the HTSUS.
The comment has been made that the kit can not be
considered medical in nature, since it is not used by medical
practioners in their professional practice. Heading 9018,
HTSUS, applies to instruments and appliances used in medical
and surgical practice. The Explanatory Notes state that the
heading covers a very wide range of instruments and appliances,
which, in the vast majority of cases, are used only in
professional practice (e.g., by doctors, surgeons, dentists)
either to make a diagnosis, to prevent or treat an illness or
to operate etc. Thus, while it is contemplated that the
instruments or appliances will be used by doctors, it is
acknowledged that others properly trained will also use them.
Included in the instruments and appliances listed are such
special diagnostic instruments and apparatus as stethoscopes
and sphygmomanometers, which are not only used by a physician,
but also may be used by some one trained in the art of First
Aid, such as a paramedic or sports trainer. The Cryopac system
is designed to be used immediately after an injury is sustained
to minimize the tissue damage and thus prevent more serious
conditions from developing.
Heading 9021, HTSUS,applies to "orthopaedic" appliances,
including crutches, surgical belts, and trusses; splints and
other fracture appliances; artificial parts of the body;
hearing aids and other appliances which are worn or carried, or
implanted in the body, to compensate for a defect or
disability. The Explanatory Notes lists various examples of
"orthopaedic" appliances covered in heading 9021, HTSUS.
Included in this section were traction, appliances for the
fingers, trusses and rupture appliances, and appliances for
correcting scoliosis and curvature of the spine as well as
all medical or surgical corsets and belts, (including certain
supporting belts). It goes on to state that special pads
adjustable to fit the patient are also included.
In describing the type of relief afforded an injury by the
compress/splint method in alleviating the pain and supporting
the injured joint, one authority noted that an approved method
is one which can cool the limb while maintaining pressure, thus
producing"both effective splinting and safe maximum pressure."
-3-
The Physician and SportsMedicine -August 1988. Therefore, even
though the relief provided is of a temporary nature and not
necessarily performed by a physician, it does require
application by some one trained in the medical arts. Along
with the cold compression, the system provides a support which
is similar to a truss or splint.
GRI 3 applies to goods consisting of articles which are
classifiable under two or more headings. GRI 3(b) applies to
the classification of goods put up in sets for retail sale.
This rule states, in pertinent part, that goods put up in sets
for retail sale, which cannot be classified in reference to
3(a), shall be classified as if they consisted of the material
or component which gives them their essential character.
The Explanatory Notes state in Note X to Rule 3(b) that
the term "goods put up in sets for retail sale" means goods
which:
(a) consist of at least two different articles
which are prima facie, classifiable in
different headings;
(b) consist of products or articles put up
together to meet a particular need or carry
out a specific activity; and
(c) are put up in a manner suitable for sale
directly to users without repacking.
It is believed that while the wrap satisfies the
definition of orthopedic appliances in heading 9021, the
refrigerant, which consists of a container of
dichlorotetrafluoroethane, dichlorodifluoromethane, and
triclorofluoromethane, would be classifiable under the
provision other mixtures of halogenated hydrocarbons, in
subheading 3823.90.4700, HTSUS.
However, the system, as imported, consisting of the
compression wrap, refrigerant canister, and specially designed
tubing, does constitute a set which meets the criteria outlined
above. Accordingly, the kit, which is deemed to be a form of
an inflatable splint, is considered an orthopedic type
appliance, and would be classifiable according to the
component which gives them their essential character: the
orthopedic wrap.
-4-
HOLDING:
The CryoPac system, a kit which includes a textile
compression wrap, a canister of refrigerant and special tubing
is classifiable under the provision for other orthopedic
appliances, including surgical belts, trusses and splints,in
subheading 9021.19.80, HTSUS, dutiable at the rate of 5.8
percent ad valorem.
The refrigerant canister, when imported separately, is
classifiable under the provision for other mixtures of
halogenated hydrocarbons in subheading 3823.90.4700,HTSUS.
The rate if duty is 3.7 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc A.D. N.Y. Seaport
1cc CIE
hurley library/peh
083491
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