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NY A87223

September 25, 1996

CLA-2-90:R:N4:119 A87223


TARIFF NO.: 9019.20.0000; 9817.00.96

Mr. Leslie W. Polgar
The A.W. Fenton Company Inc.
P.O. Box 81179
Cleveland, OH 44181-0179

RE: The tariff classification of respiratory therapy apparatus from The United Kingdom

Dear Mr. Polgar:

In your letter dated August 23, 1996 you requested a tariff classification ruling on behalf of Invacare Corporation, Elyria, OH.

The articles to be imported are the following respiratory apparatus:

Model 2400 Durable Sidestream Nebulizer
Model IRC1195 Freeway Lite Portable Aerosol Compressor with case Model IRC1195 Freeway Lite Portable Aerosol Compressor with case and all accessories

These devices are used for the dispersion in the form of a mist of various medicinal solutions.

The applicable subheading for these respiratory therapy apparatus will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof. The duty rate will be 2.2 percent.

Subheading 9817.00.96, HTS, provides for articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons; parts and accessories (except parts and accessories of braces and artificial limb prosthetics) that are specially designed or adapted for use in the foregoing articles... other.

Classification under 9817.00.96, when applicable, is not in lieu of but in addition to the Chapters 1-97 classification. We cannot at this time determine the eligibility of these devices for 9817.00.96 because additional information is needed. Please furnish samples of the products in their retail containers with the customer brochures. Furnish the importer's catalog. State what chronic respiratory ailments these devices are medically recommended for.

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.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488.


Roger J. Silvestri

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