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NY C80310




October 9, 1997

CLA-2-94:RR:NC:SP:233 C80310

CATEGORY: CLASSIFICATION

TARIFF NO.: 9402.90.0020; 9817.00.9600; 8709.11.0060

Mr. Dan Beauregard
A.N. Deringer, Inc.
P.O Box 284
Highgate Springs, VT 05460

RE: The tariff classification of a motorized turntable used with medical systems and a cart puller from Canada.

Dear Mr. Beauregard:

In your letter dated September 26, 1997, on behalf of BHM Medical Inc., you requested a tariff classification ruling.

You have submitted descriptive literature for the following items:

1. Item #A4000-90 and #A4000-45 is a motorized turntable used with BHM Medical systems (patient-lifting systems, patient transfer systems and patient floor lifts). The item features an integrated blockage system, chain interrupter and optional remote control. It permits a wide variety of tracking options and is powered by the lifts' charger.

2. The Compactrac cart puller is designed to reduce effort and injuries resulting from the manipulation of heavy carts. The Compactrac stays in a stationary position, even when stopped on a slope. It is adaptable to all types of carts and features a key interrupter, luminous indicator for recharge battery condition, emergency stopping mechanism, safety interrupter, continued pressure operating mechanism, adjustable height of handle, and sound signal when backing up. In addition, it has a pivoting double steering handle allowing the operator to use the machine from either side, a protective strip around the cab and non marking rubber wheels.

The applicable subheading for the motorized turntable will be 9402.90.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Medical, surgical, dental or veterinary furniture:... parts of the foregoing articles: Other, other. The rate of duty will be 2.1% ad valorem.

The motorized turntable appears to be intended for use in conjunction with medical systems used by individuals with a chronic ailment which substantially limits their ability to care for themselves. The device is therefore 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 must be met including the filing of form ITA-362P.

The applicable subheading for the cart puller will be 8709.11.0060, HTS, which provides for electrical tractors of the type used on railway station platforms; other. The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Lawrence Mushinske at 212-466-5739.

Sincerely,

Robert B. Swierupski

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