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NY D82949




October 27, 1998

CLA-2-85:RR:NC:MM:109 D82949

CATEGORY: CLASSIFICATION

TARIFF NO.: 8504.40.9550; 9817.00.96

Mr. Leslie W. Polgar
The A.W. Fentor Company Inc.
6565 Eastland Road
Cleveland, Ohio 44142-1388

RE: The tariff classification of The Dynamic Charger battery chargers from New Zealand

Dear Mr. Polgar:

In your letter dated September 25, 1998, you requested a tariff classification ruling on behalf of Invacare Corporation, Elyria, Ohio.

The merchandise is described in your letter and accompanying literature as battery chargers for wheelchairs and scooters designed for the handicapped. The charger is specifically designed for use with handicapped vehicles. They are completely automatic, and are user friendly with no switches that would cause confusion. It is lighter in weight, using a micro-controller chip, advanced electronics and a smaller and lighter transformer, than conventional chargers. It has special safety features: charging current ramps up after battery is connected eliminates risk of sparks; no voltage at output terminals when battery is not connected; battery can be left connected indefinitely without risk; reverse polarity and short circuit protection; protection against over heating. It is designed for use with 24V batteries and has standard mains socket. It also is designed with a convenient carrying handle which allows the handicapped person or care giver to handle and transport the unit easily and charge the wheelchair or scooter with minimal effort. It is designed to fit on board the wheelchair or scooter, providing the patient with the ability to transport their charger and charge their battery at any time during their travels. The charger can also be mounted on the wall for stationary installation. Input current is 3.4 Amps @ 120 Volts AC @ 60 Hz. Output current is 7.7 Amps @ 27.0 Volts nominal.

The applicable subheading for The Dynamic Charger battery chargers will be 8504,40,9550, Harmonized Tariff Schedule of the United States (HTS), which provides for "[s]tatic converters: [o]ther...[r]ectifiers and rectifying apparatus: [o]ther." The rate of duty will be 1.8 percent ad valorem.

The Dynamic Charger battery chargers described above are eligible for free entry in subheading 9817.00.96, under the provision 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...

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 Eileen S. Kaplan at 212-466-5673.

Sincerely,

Robert B. Swierupski
Director,

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