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NY N016733

September 28, 2007



TARIFF NO.: 3924.90.5600

Mr. Mike Vizenor
2136 Ford Parkway #170
St. Paul, MN 55116

RE: The tariff classification of a plastic portable grab bar with rubber suction pads from China

Dear Mr. Vizenor:

In your letter dated August 27, 2007 you requested a tariff classification ruling.

The submitted sample is identified as a “Single Grip Portable Grab Bar”. You have stated that it is designed for use in the bathtub or shower as a safety grab bar. This item is marketed as a post-operative device to be used to prevent falls and serious injuries. It is comprised of a plastic handle, which is part of a molded plastic body. Two suction pads made of vulcanized natural rubber are attached to the plastic body on one side, one on each end, by means of two steel posts.

Embedded in each suction pad is a steel disk, which is attached to the steel post at a 90 degree angle. Each of the two posts, in turn, is attached to the plastic body through an aperture in the plastic body. The top of each post is also attached to a plastic lever, which is located on the other side of the aperture from the suction pads. When the suction pads are placed on a non-porous surface, such as tile walls in a shower or bathtub, and the levers are depressed from an upward state to a downward state, that action pulls up on the steel disks in the rubber suction pads, and creates a vacuum. The amount of vacuum that is created is sufficient to keep the handle affixed to any non-porous surface for an indefinite amount of time.

This item is considered to be a composite good within the meaning of General Rule of Interpretation (GRI) 3. Although the rubber suction pads and steel disks and posts are used to install this portable item on non-porous surfaces, these components perform a supporting role and are attached to the plastic body, handle and levers, which provide the item with the greatest bulk and weight. The plastic components account for approximately 90% of the bulk of the entire item. It is the plastic handle that is grabbed by the user and distinguishes the item as a “grab bar”. Therefore, it is the opinion of this office that the plastic components provide this item with the essential character within the meaning of GRI 3(b).

The applicable subheading for the Single Grip Portable Grab Bar will be 3924.90.5600, Harmonized Tariff Schedule of the United States (HTSUS), which provides forother household articlesof plastics: other: other. The rate of duty will be 3.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Gary Kalus at 646-733-3055.


Robert B. Swierupski

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