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NY K88641




November 17, 2004

CLA-2-90:RR:NC:N1:105 K88641

CATEGORY: CLASSIFICATION

TARIFF NO.: 9033.00.0000

Mr. Joseph Brogan
UPS Trade Management Services, Inc.
12380 Morris Road
Alpharetta, GA 30005

RE: The tariff classification of the Ceiling Mounted Service Column Rigid (Stationary) from Canada

Dear Mr. Brogan:

In your letter dated October 8, 2004, for Amico Corporation, you requested a tariff classification ruling. No samples were provided.

The Ceiling Mounted Service Rigid (Stationary), both the Lite and non-Lite versions, are described:

“The Rigid Column accommodates:

-Up to 12 gas service outlets in any desired sequence. -Electrical outlets can be added on either of the four sides of the column. -Any combination of ground jacks, computer outlets, communication devices, slides and I.V. hooks, can also be mounted on the side panels.

FEATURES:

The rigid ceiling column provides a modern efficient method of supplying gas and electrical services in surgery or special care areas. The ceiling column eliminates hoses and cables from the floor.

For use in anaesthetizing locations, the gas outlets are bottom mounted. Units for specialized care areas have side mounted outlets to facilitate the use of secondary equipment.”

Both, thus, apparently, have outlets for anaesthetic gas as well as, we assume, oxygen. Both are stated to be designed both for surgeries and special care areas (such as intensive care units, we presume.) Both are therefore essentially similar to the items in Headquarters Ruling Letter 954174 LTO, 11-23-93

Therefore, the applicable subheading for both the Lite and non-Lite versions will be 9033.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and Accessories (not specified or included elsewhere in Chapter 90) for machines, appliances, instruments or apparatus of Chapter 90. The rate of duty will be 4.4 percent ad valorem.

Regarding the Ceiling Mounted Service Column, manual and pneumatic retractable, we are returning your request for a ruling, and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Noting HRL 954174, please submit information about the “medical gas” that the unit is designed to handle and whether it is designed for use both in surgery and in intensive care units. In particular, is it designed to handle both anaesthetic and therapeutic gases?

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

Regarding the Ceiling Mounted Service (Stationary), both the Lite and non-Lite versions, 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 above, contact National Import Specialist J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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