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August 5, 1999

CLA-2-39:RR:NC:2:224 E84859

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.7500

Leslie FitzPatrick
Virtus Ltd.
Adamstown, Lucan,
Co. Dublin,
Ireland

RE: The tariff classification of pneumatic hospital bed mattresses from Ireland.

Dear Mr. FitzPatrick:

In your letter of July 20, 1999, you requested a tariff classification ruling.

The merchandise consists of hospital bed pneumatic air mattresses. These therapeutic mattresses are designed and principally used in the medical care of patients and are said to lower the risk of infection, bedsores, pneumonia and other pulmonary complications. Each air mattress consists of individual cushions made from a polyurethane-coated nylon fabric that are snapped together with stud fasteners to make up the mattress. After importation, the mattresses are combined with software, frame and air pump to form a complete hospital bed assembly.

You claim that because these pneumatic mattresses are used exclusively with hospital beds in medical applications, they are more specifically provided for in Chapter 94 of the Harmonized Tariff Schedule of the United States (HTSUS) which, among other things, covers furniture specially designed for medical use. However, Legal note 1(a) of Chapter 94, excludes pneumatic mattresses, pillows and cushions from classification within the chapter.

The applicable subheading for the hospital bed air mattresses will be 3926.90.7500, HTSUS, which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: other: pneumatic mattresses and other inflatable articles, not elsewhere specified or included. The duty rate will be 4.2 percent ad valorem.

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 Tom McKenna at (212) 637-7015.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division


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