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NY 872746




April 15, 1992

CLA-2-84:S:N:N1:119 872746

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.10.0000; 9817.00.9600

Ms. Carol A. Wnuk
F.H. Fenderson
434 Delaware Ave.
Buffalo, NY 14202

RE: The tariff classification of a passenger elevator from Canada

Dear Ms. Wnuk:

In your letter dated March 24, 1992 you requested a tariff classification ruling on behalf of Cheney Company Inc., New Berlin, WI.

The article to be imported is a passenger elevator to be marketed under the name "Prolift". You indicate that your client believes that the elevator should be free of duty under subheading 9817.00.9600, Harmonized Tariff Schedule of the United States (HTS), which provides for articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons.

You state that the Prolift elevator has certain special features for wheelchair users such as a large cab to accommodate a wheel chair, large mushroom head type control buttons located at a low level, and constant pressure key switch operation. However most newly built elevators for the general public have similar features for easy accessibility to wheelchair occupants. The Prolift elevator is an article that is useful to the general public and is therefore not eligible for 9817.00.9600, HTS.

The applicable subheading for the Prolift elevator will be 8428.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for passenger or freight elevators other than continuous action. The duty rate will be 2 percent.

Goods classifiable under subheading 8428.10.0000, HTS, which have originated in the territory of Canada, will be entitled to a 0.4 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) 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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