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NY B87708

July 30, 1997

CLA-2-94:RR:NC:SP:233 B87708


TARIFF NO.: 9402.90.0020; 9817.00.9600

Mr. Dan Beauregard
A.N. Deringer, Inc.
P.O. Box 284
Highgate Springs, VT 05460

RE: The tariff classification of the Albatros and Ergotrac Ceiling Lift Systems, the Ergolift Floor Lift and Ergofit Slings from Canada.

Dear Mr. Beauregard:

In your letter dated July 21, 1997, you requested a tariff classification ruling.

You have submitted descriptive literature for the following items:

1. The Albatros Ceiling Lift System is a patient-lifting system which operates on two motorized axes. It features an automatic return-to-charge function, a lifting capacity of 250 kgs (550 lbs), a battery supply unit, an emergency stop pull cord and an emergency lowering device.

2. The Ergotrac Ceiling Lift System is a patient-transfer system on a fixed rail with two axes, permitting easy manual lateral displacement. It is electrically powered and features a lifting capacity of 190 kgs (418 lbs), a padded universal carry bar which accepts all types of slings, an automatic back-up battery supply unit and emergency Up/Down buttons.

3. The Ergolift is an ergonomic floor lift. It features multi-positioned handles near the care giver, motorized opening of the legs, an easily accessible emergency stop button, patient rotation capability of 360 degrees, a directional blockage system, luminous dials for battery and charging function, and a padded swivel carry bar adaptable to all types of slings. The patient can be hoisted from the floor without lifting the shoulders. The standardized motorized opening of the legs of the Ergolift and the optimal distribution of the patient's weight, allows the care-giver to easily maneuver the unit without risk.

4. Ergolift Slings are a range of four slings to be used with the Ergolift. They are designed for use by patients with different needs. Each sling features 100% polyester soft mesh net, a lined seat made from polyester and foam, a lifting capacity of 250 kgs (550 lbs) and a nylon strap with choice of positioning. The slings are water-resistant and machine washable.

The applicable subheading for the Albatros and Ergotrac Ceiling Lift Systems, the Ergolift Floor Lift and Ergofit Slings will be 9402.90.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Medical, surgical, dental or veterinary furniture:...parts of the foregoing articles: Other, other. The rate of duty will be 2.1% ad valorem.

The Albatros and Ergotrac Ceiling Lift Systems, the Ergolift Floor Lift and Ergofit Slings appear to be intended for the use of individuals with a chronic ailment which substantially limits their ability to care for themselves. The devices are therefore 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.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Lawrence Mushinske at 212-466-5739.


Gwenn Klein Kirschner

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