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NY C89714


July 9, 1998

CLA-2-94:RR:NC:SP:233 C89714

CATEGORY: CLASSIFICATION

TARIFF NO.: 9402.90.0020; 9817.0096

Mr. Leslie W. Polgar

The A.W. Fenton Company Inc.

P.O. Box 81179

Cleveland, OH 44181-0179

RE: The tariff classification of bed rails from Taiwan.

Dear Mr. Polgar:

In your letter dated June 26, 1998, on behalf of Invacare Corporation, you requested a tariff classification ruling.

The submitted literature depicts the following bed rails to be imported:

Model HE 60120010 Half Bed Rail with Adjustable Cross Brace;

Model HE 60120010 Half Bed Rail- New Style; and

Model HE 60090000 Bed Rail.

The bed rails are designed specifically for health care applications. They are constructed of welded, chrome-plated steel. Their purpose is to prevent patients with impaired mental or physical conditions from falling out of bed and sustaining injuries.

The applicable subheading for the bed rails 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 1.1% ad valorem.

The bed rails described above are eligible for free entry under the provision for articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons...other, in subheading 9817.00.96, HTS. All applicable entry requirements must be met including the filing of form ITA-362P.

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,


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