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NY 862161


APR 16, 1991

CLA-2-84:S:N:N1:103 862161

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.6000; 9817.00.9600

Ms. Evelyn Appel-Schaefer
James J. Boyle & Co.
7505 N.E. Ambassador Place, Suite B
Portland, OR 97220

RE: The tariff classification of a page turner from Sweden

Dear Ms. Appel-Schaefer:

In your letter dated March 26, 1991 on behalf of Zygo Industries, Inc. you requested a tariff classification ruling.

The BLV-6 page turner is a machine intended for use by individuals who, due to disability, are unable to hold or turn the pages of a book or other reading material. The unit is mounted on a built-in tabletop tripod, and contains clamps which also allow it to be mounted over a bed or other posture support system. To utilize the page turner, an assistant raises its outer acrylic cover and inserts and secures the reading matter. The assistant then connects and plugs its transformer into a wall outlet, and connects an operator control switch. Available control switches allow the user to operate the page turner with his chin, hand, or foot, or by means of sipping and puffing movements of his mouth. The chosen switch controls an electrically powered mechanically driven rubber grip roller which manipulates the pages forward or backward, either one at a time or continuously for visual scanning. The BLV-6 can accommodate reading material measuring up to 12 inches by 9 inches, and with a maximum thickness of 2 inches.

You state that the BLV-6 page turner is sold by Zygo Industries or its authorized dealers directly to the user upon the recommendation of a physician, physical therapist, or other qualified professional. While it can be used in hospitals and similar institutions, it is principally used by homebound individuals for personal or business purposes.

The applicable subheading for the BLV-6 page turner will be 8479.89.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electromechanical appliances with self-contained electric motor. The rate of duty will be 4.2 percent ad valorem.

Based on the information you have furnished, the BLV-6 page turner is designed for and would be used principally by persons suffering from a permanent or chronic impairment which substantially limits the use of their arms and hands. Therefore, the page turner is 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, HTS. All applicable entry requirements of this provision 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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