Question 1

What are the import duty rates for HS code 901920 (Ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus)?

Accepted Answer

The Most Favored Nation (MFN) duty rate for goods classified under HS code 901920 is typically 0.00% ad valorem in the United States, as per the US Harmonized Tariff Schedule (HTS). However, specific preferential rates may apply under various Free Trade Agreements (FTAs) or special trade programs. For instance, goods originating from countries with an FTA with the US may benefit from reduced or eliminated duties. It is crucial to consult the HTSUS, referencing the specific country of origin, to determine the applicable duty rate. For example, under the US-Korea FTA, certain medical devices may have preferential duty rates.

Question 2

What specific criteria determine if a device falls under HS code 901920?

Accepted Answer

HS code 901920 covers apparatus designed for specific therapeutic gas treatments or artificial respiration. Key classification criteria include: 
1. **Functionality:** The primary purpose must be for ozone therapy, oxygen therapy, aerosol therapy, artificial respiration, or other therapeutic respiration. This means the device actively administers gases or supports breathing for medical purposes.
2. **Therapeutic Use:** The apparatus must be intended for medical or therapeutic application, not for general wellness or recreational use (e.g., recreational oxygen bars).
3. **Mechanism:** Devices often involve mechanisms for delivering gases (like oxygen or therapeutic aerosols) under controlled pressure or volume, or for assisting or replacing the natural breathing process. This distinguishes them from simple oxygen masks or tubing not part of a larger therapeutic system.

For example, a portable oxygen concentrator used for patients with respiratory illnesses would likely fall under this code, whereas a simple humidifier for general air moisture would not.

Question 3

What documentation is typically required for importing goods under HS code 901920?

Accepted Answer

Importers and customs brokers should be prepared to provide several key documents when importing goods under HS code 901920. These typically include:

1.  **Commercial Invoice:** Detailing the description, quantity, value, and origin of the goods.
2.  **Packing List:** Outlining the contents of each package.
3.  **Bill of Lading or Air Waybill:** For shipment tracking.
4.  **Country of Origin Certificate:** To substantiate claims for preferential duty rates under trade agreements.
5.  **Product Literature/Technical Specifications:** To verify the intended therapeutic use and functionality, confirming classification.
6.  **FDA Registration/Approval (if applicable):** For medical devices regulated by the U.S. Food and Drug Administration (FDA), proof of registration, premarket notification (510(k)), or approval may be required, especially if the device is considered a medical device under FDA regulations. While the HS code itself is for customs classification, compliance with other government agency (OGA) requirements like the FDA's is paramount.

Question 4

How is the import duty calculated for HS code 901920, and can you provide an example?

Accepted Answer

Import duty calculation for HS code 901920, which typically carries a 0.00% MFN ad valorem rate in the US, means that the duty amount is zero based on the value of the goods. However, if a specific trade agreement or a different tariff schedule applied a non-zero rate, the calculation would be based on the declared value of the goods.

**Example (Hypothetical - assuming a 5% ad valorem duty rate for illustration):**

Let's assume an importer brings in an artificial respiration apparatus valued at $10,000 USD. If the applicable duty rate were 5% ad valorem:

*   **Calculation:** Duty Amount = Declared Value × Duty Rate
*   **Calculation:** Duty Amount = $10,000 USD × 5% (or 0.05)
*   **Duty Amount:** $500 USD

In this hypothetical scenario, the importer would owe $500 in duties. However, for HS code 901920 in the US, the MFN rate is 0.00%, so the duty would be $0.00. It's essential to verify the specific duty rate applicable to the country of origin and the importing country's tariff schedule.

Question 5

Are there specific trade agreements that commonly affect the import duties for HS code 901920?

Accepted Answer

Yes, several trade agreements can significantly impact import duties for goods under HS code 901920. The applicability depends on the country of origin of the goods and the importing country. For imports into the United States, agreements like the United States-Mexico-Canada Agreement (USMCA), and previously NAFTA, often provide for duty-free treatment for goods originating from member countries, provided they meet the rules of origin. Other bilateral FTAs the US has with countries like Australia, Chile, Singapore, and South Korea may also offer preferential duty rates, often 0.00%, for qualifying medical equipment. Importers should always consult the specific terms and rules of origin for the relevant trade agreement to confirm eligibility for preferential treatment.

Code	Preferential	Unit
9019202000	—	—
9019200000	—	—
9019201000	—	—
9019209000	—	—

Code	Preferential	Unit
9019200000	—	—
9019201000	—	—
9019202000	—	—
9019209000	—	—

HS 901920 Ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus

What Are the Import Duty Rates?

🇬🇧 United Kingdom

🇪🇺 European Union (TARIC)

🇺🇸 United States (HTSUS)

How to Classify This HS Code?

What products does HS 901920 cover?

What falls outside HS 901920?

What are common classification mistakes for HS 901920?

How should importers classify products under HS 901920?

How is the duty calculated for products under HS 901920?

Which trade agreements reduce duties for HS 901920?

Which HS Codes Are Related?

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