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NY 871935


MARCH 25, 1992

CLA-2-94:S:N:N1:233 871935

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.10.2000; 8419.20.0000 & 9402.90.0020

Ms. Sandra L. Marshanke
C. J. Tower, Inc., Customs Brokers
128 Dearborn Street
Buffalo, New York 14207-3198

RE: The tariff classification of medical equipment from Canada.

Dear Ms. Marshanke:

In your letter dated February 10, 1992, on behalf of Amada Medical, Inc., Mississauga, Ontario, Canada L4Z 1T5, you requested a tariff classification ruling.

The merchandise consists of four Models of medical equipment. The first, Model A-2000, is a Whirlpool Bathing System (Kramer Bathing Systems). It is a therapeutic bathing and whirlpool hydromassage for geriatric/disabled patients including a lift for transport in and out of the tub. The "Smart Tub" is adjustable and automatically fills with the push of a button then shuts off once the fill is completed. It has an electronically controlled hydromassage and easy to read digital display. Convenient hand held shower with adjustable spray controls and non-skid tub and grip bars. The lift base is fully interchangeable with the stretcher and/or chair and has a hydraulic foot pedal control. It is constructed of rust proof stainless steel with acid resistant metal parts.

The second, Model S-206, is a Getinge Flusher/Disinfector. It is designed for efficient cleaning and disinfection of the utensils mainly used in the management of patients' hygiene, such as bedpans, urinals, kidney basins and suction bottles. Its principal function is sterilizing based on the fact that the greatest part of the time cycle is consumed by that process. The disinfector has space for, e.g., one bedpan or three urine bottles at a time and is started with a button. The entire process only takes three minutes and comprises flushing, cleaning and disinfection. Disinfection is accomplished with steam at temperature of at least 85 degrees C (185 degrees F). The lid remains locked until disinfection is completed. It is at home in a medical department, obsterical unit, intensive care unit, surgical department or quarantine unit. The dimensions vary according to models.

The third is a Liko MasterLift System. It consists of three different styles. The first is the Regular. It is a one-piece sling with individual leg supports and the maximum load is 170 kg (380 lbs.), which is used to transport a patient. Liko's patented "wrap-around" design means that MasterSling automatically adapts itself to any patient and is available in different sizes, including, Model #35320-1P, a "high-back" for added support. MasterSling uses no metal and comes in a variety of strong, pliable fabrics, i.e., nylon, cotton, polyester net, and plastic-coated fiberglass. Weight-bearing straps are made of strong, durable synthetic fiber. A MasterSling with reinforced leg supports distributes pressure evenly and prevents the fabric from twisting or wrinkling. A MasterSling with synthetic sheepskin padding is available for pressure-sensitive patients.

The second is the Liko MasterLift System Overhead. It has two basic designs, a StraightRail and a TraverseRail. It has three installation alternatives which are ceiling mounted, wall mounted and an upright support, and includes a selection of options for lifting patient upright, reclined or from horizontal positions. It comes in a variety of different sizes. The lifting capacity is 170 kg (380 lbs.). The third style, the Golvo, is available with either a fixed or an adjustable chassis. An optional electronic scale mounts conveniently between the slingbar and the lifting strap. Any of the high-quality, easy- to-use MasterLift accessories may be used with Golvo. It is designed to stand on the floor.

The fourth model is a Merivaara's Rose Geriatric Chair. It is a comfortable, versatile nursing aid and has been designed for use in the nursing of the elderly and for patients requiring long term care. It features a contoured seat which provides sturdy support and optimum seating comfort during extended use. The dining table provides a solid support during meals and conveniently doubles as a surface for such activities as craftwork, writing and reading. It is supplied either attached to the chair, so that it can be turned to the side, or as a seperate item. In either case, the tray can be locked securely in place. The distance between the table and the user is also adjustable. The overall dimensions are width maximum 650 mm and the height maximum 1250 mm.

The applicable subheading for the therapeutic bathing and whirlpool hydromassage for the Kramer Bathing Systems will be 9019.10.2000, Harmonized Schedule of the United States, HTSUS, which provides for mechano-therapy appliance and massage apparatus. The duty rate will be 4.2 percent ad valorem. The applicable subheading for the lift for the Kramer Bathing Systems will be 9402.90.0020, HTSUS, which provides for medical, surgical, dental or veterinary furniture (for example, operating tables, examination tables, hospital beds with mechanical fittings, dentists' chairs); barbers' chairs and similar chairs, having rotating as well as both reclining and elevating movements; parts of the foregoing articles: other, other. The duty rate will be 5.3 per cent ad valorem. The applicable subheading for the Getinge Flusher Disinfector will be 8419.20.0000, HTSUS, which provides for machinery, plant or laboratory equipment, for the treatment of materials by a process involving a change of temperature such as heating, .... sterilizing: Medical, surgical or laboratory sterilizers. The duty rate will be 4.2 percent ad valorem. The applicable subheading for the Liko Lifting System and Marivaar's Rose Geriatric Chair will be 9402.90.0020, HTSUS, which provides for medical, surgical, dental or veterinary furniture; parts of the foregoing articles The duty rate will be 5.3 percent ad valorem.

Goods classifiable under subheadings 9019.10.200; 8419.20.00020 and 9402.90.0020, HTSUS, which have originated in the territory of Canada, will be entitled to a 2.5 percent, a 0.8 percent ad valorem and a 1 percent ad valorem rate of duty, respectively, under the United States-Canada Free Trade Agreement (CFTA) upon compliance with all applicable regulations.

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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