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NY C81648




November 24, 1997

CLA-2-94:RR:NC:SP:233 C81648

CATEGORY: CLASSIFICATION

TARIFF NO.: 9402.90.0020; 9817.00.9600

Ms. Lizzie McLeish
Pro-Med Australia Pty Ltd
P.O. Box 440
Moorabbin 3189
Victoria Australia

RE: The tariff classification of patient lifting devices from Australia.

Dear Ms. McLeish:

In your letter dated November 5, 1997, you requested a tariff classification ruling.

You have submitted descriptive literature for the Pro-Med Patient Lifting System, a comprehensive range of patient lifting products for home or hospital. The system includes general purpose lifters, twin-boom high capacity lifters, a lifting frame, stand-up lifters, slings and supports. The lifters each feature an advanced electronic control and power system with two-speed raise and lower controls, a wall mount recharging station with removable battery pack, knee pad release, base width adjustment, kick-stop castors, pixel sling adjustment, sling size and type identification and a hydraulic pump option. The lifters are available in the Alpha 180, Delta, Elf, and Alpha 230 Alpha 180 Twin-Boom models.

The Pro-Med lifting frame is a development of an Australian emergency stretcher concept. The lifting frame can be assembled around an injured or immobilized patient who is then supported by a series of semi-rigid cross support straps individually inserted beneath the patient's limbs and body. The existing prone position is therefore not disturbed during manual or lifter transfer from ambulance to operating room to ward. For general ward use the frame and lifter combination allows simple, one carer changing of bed linen and pressure care. The lifting frame has easy-to-use plastic locking clips at each end for assembly around the patient.

The stand-up lifters are designed for lifting of the patient off a bed or chair and raised to a fully-standing position. They are available in the Elf Stand-Up, Pixel and Tempo models.

The applicable subheading for the patient lifting devices 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. .
Based on the information you have furnished, the Pro-Med patient lifting devices are designed for the use of individuals with severe muscular or similar disabilities that substantially limit their ability to stand, walk or move freely. These articles are therefore eligible for a free rate of duty as articles 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-362 P.

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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