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NY 868691

December 10, 1991

CLA-2-94:S:N:N1:119 868691


TARIFF NO.: 9402.90.0020; 9817.00.9600

Mr.Thomas F. Herceg
T.F. Herceg, Inc.
98 Ridge Road
Chester, NY 10918

RE: The tariff classification of patient lifters from Belgium

Dear Mr. Herceg:

In your letter dated November 4, 1991, you requested a tariff classification ruling.

Based on the literature furnished, three types of patient lifters are to be imported: a Hydraulic Mobile Machine, an Electric Mobile Machine and a Ceiling Mounted System. The Mobile Machines have a lifting mast mounted on a "U" shaped base on casters. The Ceiling Mounted System consists of a motor and steel rails. A total support lifting frame or special Polyester woven nylon slings can be used with all three mechanisms.

The patient lifters are designed to move people with motor disabilities from bed to wheelchair, and from wheelchair to toilet or bath. The lifting frame (Handi-Move frame) can hold the patient firmly in place without depending on the patient's muscles.

The applicable subheading for the patient lifters will be 9402.90.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for medical, surgical, dental or veterinary furniture. The rate of duty will be 5.3 percent

Based on the information you have furnished, the patient lifters described above will be eligible for a free rate of duty as articles specially designed or adapted for the use or benefit of physically or mentally handicapped persons in subheading 9817.00.9600, HTS. All applicable entry requirements must be met including the filing of form ITA-362P. Please note that this free provision does not apply to parts.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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