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NY I88448




December 13, 2002
CLA-2-90:RR:NC:N1:105 I88448

CATEGORY: CLASSIFICATION

TARIFF NO.: 9817.00.9600

Mr. Stanley Sarnowski
The Guest Company
95 Research Parkway
Meriden, Ct 06450

RE: The tariff classification of Electronic Battery Charges from China

Dear Mr. Sarnowski:

In your letter dated November 14, 2002, you requested a tariff classification ruling.

Per New York Ruling Letter I82880-109, dated 7-2-02, we ruled that primary classification of your Electronic Battery Chargers, Model Numbers 2605A-24, 2905-24, 2904JT-24, 2605A-230, 2605A-230UK, will be HTS 8504.40.9550. You state that your firm is the manufacturer of the “Pride” line of motorized wheelchairs.

Your letter now supplies your evidence in support of your claim for a secondary classification in HTS 9817.00.96.

We do not understand your reference to “note 2, part b of subheading 9021.92.3030.”

However, you do supply evidence that the separately imported battery chargers were developed in conjunction with your research department, that they are imported individually pre-labeled with “Pride” logos, that their connectors are specifically designed to match those on the batteries on your motorized wheelchairs, and that they have physical characteristics, such as potting and other methods, which make them waterproof and vibration-proof, unlike the typical battery charger. We consider those to be sufficient to establish that the imports are specially designed or adapted for use in your motorized wheelchairs.

Customs has previously ruled that complete motorized wheelchairs are presumed to be for the use of persons on suffering from a permanent or chronic physical impairment which substantially limits the more major life activity of walking.

On that basis a secondary classification will apply for these battery chargers in HTS 9817.00.96, as parts specially designed or adapted for use in articles specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped, free of duty and user fees (if any), if all applicable entry requirements are met including the filing with the Customs port of entry of the U.S. Department of Commerce 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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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