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NY G84823

December 14, 2000

CLA-2-90:RR:NC:MM:105 G84823


TARIFF NO.: 9817.00.96

Mr. Esteban Zavala
Miles & Joffroy, Inc.
P. O. Box 3009
Calexico, CA 92231

RE: The tariff classification of Toilet Safety Frame, 3 in 1 Composite Commode, and Padded Drop-Arm Commode from Mexico

Dear Mr. Zavala:

In your letter, dated November 15, 2000, on behalf of Sunrise Medical HHG Inc., you requested a tariff classification ruling.

You submitted an unmarked catalog, entitled Guardian Bath Safety, with dozens of items, but, per your letter, we take it that you are seeking a ruling only for the Toilet Safety Frame, 3 in 1 Composite Commode, and Padded Drop-Arm Commode.

Regarding your claim for a secondary classification as articles for the handicapped, we agree, noting HRL 556449, dated May 5, 1992, that those items do meet the requirements of U.S. Note 4 to HTS Chapter 98, Subchapter 17. You state, “Sunrise Medical designs, manufactures and markets rehabilitation products and assistive technology devices for people with disabilities, and patient care products used in nursing homes, hospitals and home care settings.” This is consistent with the only previous ruling we can identify for Sunrise Medical, Division of Guardian Products, i.e., NYRL 875305, 7-7-92, which classified a wheeled walker in HTS 9021.19.80, with a secondary classification in HTS 9817.00.96.

On that basis a secondary classification will apply for those items in HTS 9817.00.96, as specially designed or adapted for the use or benefit of the physically or mentally handicapped, other than the blind, free of duty, if all applicable entry requirements are met including the filing with the Customs port of entry of the U.S. Department of Commerce form ITA-362P.

Regarding the primary classification in HTS Chapters 1-97 (noting U.S. Statistical Note 1-a to HTS Chapter 98, Subchapter 17), we are returning your request for a classification ruling, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:

Breakdown of component materials by weight and cost. You indicate that HTS 3922 applies to all three items, but we note that rubber and metal are also present, especially in the Toilet Safety Frame.

In addition, you must correct your procedural errors and bring any new request into compliance with the below. Give an explanation if the information is not “known”.


Ruling requests must be in writing, must be filed in triplicate and must contain a complete statement of all relevant facts relating to the transaction including:

- The names, addresses, and other identifying information of all interested parties (if known); the manufacturer ID code (if known); - The name(s) of the port(s) in which the merchandise will be entered (if known); - A description of the transaction; for example, a prospective importation (merchandise) from (country); - A statement that there are, to the importer’s knowledge, no issues on the commodity pending before the Customs Service or any court; and - A statement as to whether classification (HTS or TSUS) advice had been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.

When this information is available, you may wish to consider resubmission of the portion of your request concerning the HTS 1-97 classification. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.

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 James Sheridan at 212-637-7037.


Robert B. Swierupski
National Commodity

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