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NY 855279

Aug 23 1990

CLA-2-84:S:N:N1:110 855279

CATEGORY: CLASSIFICATION

TARIFF NO.: 8472.90.8000; 8469.100000; 8543.80.9080

Ms. Evelyn Appel-Schaefer
James J. Boyle & Co.
315 S.W. 5th Avenue #520
Portland, OR 97204

RE: The tariff classification of a Lightwriter, Lightwriter SL- 1, Steeper Communication Teaching Aid, and QED Scribe Communications Aid from Great Britain.

Dear Ms. Schaefer:

In your letter dated August 11, 1990, on behalf of Zygo Industries Inc., you requested a tariff classification ruling.

The merchandise under consideration includes four models of electronic devices that are designed for use by the physically handicapped.

The Lightwriter SL1 is a battery operated device with two display screens and a keyboard that is used to communicate by a person that is unable to speak. The person types what he wants to say, and the message is displayed on both sides of the display screens. The unit has memory capability of up to one sentence, and weighs approximately one pound. The unit does not have the ability to print the typed message.

The Lightwriter SL 4a is a portable communication aid for people who cannot speak. The unit incorporates a QWERTY keyboard and has the ability to store messages that are typed. It can perform calculating functions, and is normally fitted with a small printer device. An optional speech synthesiser can be used with the machine which allows the user to speak in seven ways. The typed messages appear on the two display screens thus enabling the handicapped person to communicate with others. The essential character of this composite article appears to be the typewriter function.

The QED Scribe Communication Aid device is also a portable, electronic device that aids the handicapped who cannot speak understandably, by typing, storing, printing and displaying messages. The unit incorporates a QWERTY keyboard, a 24- character LCD display, dot matrix printer, and buffer memory. The unit is battery operated and weighs approximately one pound and 12 ounces. The essential character of this composite article appears to be the typewriter function.

The Steeper Communication Teaching Aid is an electronic device that is used in evaluating and teaching basic skills such as attentive behavior, visual tracking, and object permanence. The device stands upright at a 30 degree or 60 degree angle for conventional message display or sits horizontally in a support base when used as a table for concrete objects. A 16-pushbutton panel on the back of the unit allows you to program the scan sequence and number of areas used for any situation. The unit has a switch-operated light scanning system and a fully back- lighted image area in a 4 x 4 matrix that adds a strong visual referent to the objects, symbols, or messages being displayed.

The applicable subheading for the Lightwriter SL1 will be 8472.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other office machines. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the Lightwriter SL 4a and the QED Scribe Communication Aid device will be 8469.10.0000, HTS, which provides for automatic typewriters and word processing machines. The rate of duty will be 2.2 percent ad valorem.

The applicable subheading for the Steeper Communications Teaching Aid will be 8543.80.9080, HTS, which provides for other electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter and parts thereof. The rate of duty will be 3.9 percent ad valorem.

Based on the literature you have provided, the Lightwriter SL1, Lightwriter SL 4a, and the QED Scribe Communication Aid are articles specially designed for the use of persons whose ability to speak is substantially and permanently impaired. The literature furnished for the Steeper Communication Teaching Aid indicates that this instrument is used in evaluating or teaching basic skills to persons whose learning ability is substantially and permanently impaired.

All four instruments are 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 9817.00.96. 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.

Sincerely,

Jean F. Maguire
Area Director

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