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NY 888628

CLA-2-94:S:N:N8:233 888628


TARIFF NO.: 9402.90.0020; 9817.00.9600

Ms. Gayle Whitt
Harvey Yaffe Associates, Inc.
U.S.Customs House Brokers
1937 Lynnbrook Place
Memphis, Tennessee 38116

RE: The tariff classification of a Molift Partner from Norway.

Dear Ms.Whitt:

In your letter dated July 22, 1993, on behalf of Sunrise Medical, a Division of Guardian Products, you requested a tariff classification ruling.

Descriptive literature has been submitted for the Molift Partner. It is a floor standing item that is used for the care of people who must be lifted from the bed into a wheel chair. The Molift Partner is constructed with a steel chassis and suspension with an aluminum lifting column. The motor is 12 Volts DC; the battery is NICD. There will be no sling or chair accompanying the Molift Partner as these parts will be made in the United States. The Molift Partner will be sold mainly to hospitals, nursing homes and convalescent centers.

The applicable subheading for a metal Molift Partner will be 9402.90.0020, Harmonized Tariff Schedule of the United States, HTSUSA, which provides for: Medical, surgical, dental or veterinary furniture: Other, other. The rate of duty will be 5.3 percent ad valorem.

The Molift Partner appears to be intended for the use of individuals with a chronic ailment that substantially limits their ability to care for themselves. This device is therefore eligible for a free rate of duty as an article specially designed or adapted for the use or benefit of physically or mentally handicapped persons in subheading 9817.00.9600, HTSUSA. 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).

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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