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NY A89961




December 24, 1996

CLA-2-98:RR:NC:1:119 A89961

CATEGORY: CLASSIFICATION

TARIFF NO.: 9817.00.96

Mr. Leslie W. Polgar
The A.W. Fenton Company Inc.
P.O. Box 81179
Cleveland, OH 44181-0179

RE: The tariff classification of respiratory therapy apparatus from The United Kingdom

Dear Mr. Polgar:

In your letter dated November 26, 1996 you have requested a review of the applicability of 9817.00.96, Harmonized Tariff Schedule of the United States (HTS) to certain respiratory therapy apparatus. The request is being made on behalf of Invacare Corporation, Elyria, OH.

In New York Ruling Letter A87223 dated September 25, 1996 we classified certain respiratory therapy apparatus under 9019.20.0000, HTS. We stated in that letter that there was insufficient information to rule further on the applicability of the free provision for articles specially designed for the handicapped.

The articles to be imported are the following:

Model 2400 Durable Sidestream Nebulizer
Model 2200 Disposable Sidestream Nebulizer Model IRC1195 Freeway Lite Portable Aerosol Compressor with case Model IRC1195 Freeway Lite Portable Aerosol Compressor with case and all accessories

These devices are used for the dispersion in the form of a mist of various medicinal solutions. You have furnished the additional information that was requested and you have established that these products are used to deliver aerosol therapy to home care patients suffering from chronic respiratory diseases such as asthma, pulmonary emphysema and cystic fibrosis.

The products listed above would therefore be eligible for free entry under subheading 9817.00.96, HTS, which provides for articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons; parts and accessories (except parts and accessories of braces and artificial limb prosthetics) that are specially designed or adapted for use in the foregoing articles... other.

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.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466- 5488.

Sincerely,

Roger J. Silvestri
Director

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