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NY 893780

January 28, 1994

CLA-2-84:S:N:N1:103 893780


TARIFF NO.: 8428.90.0090; 8713.10.0000; 8714.20.0000; 8427.90.0000; 9817.00.96 Ms. Deborah S. Swanson
John S. James Co.
PO Box 80696
Raleigh, NC 27623

RE: The tariff classification of lifting machinery from Germany

Dear Ms. Swanson:

In your letter dated December 17, 1993 on behalf of Technomarketing, Inc. you requested a tariff classification ruling.

The Scalamobil 520 is a motorized device which enables an attendant to transport a wheelchair and its occupant up and down stairs. It can be used to safely climb both straight and circular stairways, whether carpeted or made of wood, metal or marble. The Scalamobil consists of a metal frame incorporating a handlebar with two handles, a 12-volt DC motor and battery, two sets of wheels with security brakes, and a variable speed controller. The unit attaches to a conventional wheelchair by means of custom-designed brackets. While resting on one step, the motor raises the chair and one set of wheels to the height of the next step, thus "climbing" the stairs. The process is reversed to descend a stairway. The Scalamobil has a lifting capacity of 264 pounds, an adjustable climbing rate of 6 to 16 steps per minute, and can climb approximately 300 steps on a single battery charge.

The X6 Scalaport is physically similar to the Scalamobil. It combines the Scalamobil stair climbing mechanism with a universal frame capable of gripping almost any wheelchair without the need for custom fittings and clamps. It is thus particularly useful in public places such as businesses, retail establishments, museums, and public buildings.

The X1 Scalachair is a special wheeled chair which can be easily fitted to the Scalamobil. It contains a swing-away arm to allow easy transfer of an incapacitated person to or from a conventional wheelchair, and is particularly useful in transporting incapacitated individuals up narrow stairs and in airplane aisles. It is composed of a metal frame with a padded seat, back, and arms.

The E-Fix power kit is an electric power system designed to be mounted onto an ordinary wheelchair. It consists of two motorized quick release wheels which replace the rear wheels of the wheelchair, a battery pack, joystick control, battery charger, distribution box and cables. Both wheels contain a hub-mounted motor with an independent drive mechanism. Braking, speed and direction of travel are controlled from the joystick electronic command console. The occupant can return the wheelchair to manual operation at any time with a simple twist of the wheel hubs. The built-in automatic battery charging feature operates while the wheelchair is moving. The E-Fix is capable of propelling a wheelchair and its occupant up a 20 percent grade, and can travel up to 15 miles on a single battery charge.

The Cargomaster is a battery powered hand truck which allows an individual to transport dishwashers, refrigerators, washers and similar household appliances up and down stairs at a rate of 13 steps per minute. It is intended for use by appliance delivery services and moving companies. The Cargomaster is manually pushed like a conventional hand truck on flat surfaces. When it is necessary to climb stairs, a handle-mounted up/down switch activates the unit's electric motor and drive. This raises the cargo, as well as a set of wheels, to the height of the next step while a second set of wheels remains in contact with the lower step for stability. The battery can be recharged by means of a conventional battery charger or from the delivery vehicle's battery. The Cargomaster is available in three models which vary in stair climbing speed, battery capacity and load capacity.

The applicable subheading for the Scalamobil 520 and the X6 Scalaport will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: other machinery: other: other. The rate of duty will be 2 percent ad valorem.

The applicable subheading for the X1 Scalachair, imported separately, will be 8713.10.0000, HTS, which provides for invalid carriages not mechanically propelled. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the E-Fix power kit will be 8714.20.0000, HTS, which provides for parts and accessories of invalid carriages. The rate of duty will be 5.3 percent ad valorem.

Finally, the applicable subheading for the Cargomaster will be 8427.90.0000, HTS, which provides for other works trucks fitted with lifting or handling equipment: other trucks. The rate of duty will be free.

The Scalamobil 520, X1 Scalachair, X6 Scalaport and E-Fix power kit are eligible for free entry under the provision for articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons...other, in subheading 9817.00.96, HTS. All applicable entry requirements must be met including the filing of form ITA-362P.

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

You also requested the tariff classification of various textile incontinence products. According to Section 177.2 (b) of the Customs Regulations, the articles covered by a single ruling request must be of the same class or kind. These textile articles are not akin to the articles classified above, and thus we are unable to provide you with a ruling as to their classification. You may wish to make these articles the subject of a separate ruling request. However, you should bear in mind that, to be accepted, a ruling request can contain a maximum of five merchandise items.

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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