In ruling NY N324259 (February 25, 2022), Customs and Border Protection (CBP) discussed the tariff classification of a bio-bag from the Czech Republic. The merchandise, known as the “BIO-BAG EBV-30/40 IN-CH” has a filter ventilation unit in it that allows for the use of four speeds of airflow. A color display is used to show the speed of the airflow, the degree of clogged filters, and battery usage status. The bio-bag also has transparent windows alongside the sides that allow for monitoring of the health condition of the patient inside of the bag, a padded back pad to provide comfort to the patient, and straps to ensure safety during transportation. The device uses a self-supporting system in the form of a folding aluminum frame that allows the bio-bag to also be connected to the transport vehicle for added safety. A large inlet port allows for connection to respiratory support devices and additional input ports provide space for infusion tubing, a drain, and electrocardiogram electrode cables.

As noted by CBP, the bio-bag can be used in two different modes. While in negative pressure mode, the bio-bag is intended to transport either a person suspected of having a highly contagious disease or a person affected by biological agents from the place of contamination to a facility intended for treatment. Alternatively, in positive pressure mode, the bio-bag can be used to protect a patient from the environment. The bio-bag can be decontaminated and used again. It also measures 2031 cm in length x 64 cm in width x 56 cm in height, weighing 18.5 kg

CBP determined the applicable subheading for the bio-bag to be 8421.39.0190, 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: Other: Other.”  The rate of duty is free.