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.

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Photo of Frances P. Hadfield Frances P. Hadfield

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving…

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.

Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.

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Photo of Martín Yerovi Martín Yerovi

Martín Yerovi is an international trade analyst in Crowell & Moring’s Washington, D.C. office. He provides practice support to the International Trade Group on import regulatory matters pending before the Office of the U.S. Trade Representative (USTR) and U.S. Customs and Border Protection…

Martín Yerovi is an international trade analyst in Crowell & Moring’s Washington, D.C. office. He provides practice support to the International Trade Group on import regulatory matters pending before the Office of the U.S. Trade Representative (USTR) and U.S. Customs and Border Protection (CBP). He works closely with attorneys developing courses of action for clients impacted by investigations under Section 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962. He also supports unfair trade investigations, including antidumping (AD) and countervailing duty (CVD) investigations, sunset reviews, and changed circumstance reviews before the Department of Commerce and the International Trade Commission (ITC).

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