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NY L80252




November 9, 2004

CLA-2-85:RR:NC:1:112 L80252

CATEGORY: CLASSIFICATION

TARIFF NO.: 8501.32.2000; 9817.00.96

Gary H. Jones
Compliance Manager,
Expeditors International
6950 Engle Road
Suite XX
Middleburg Heights, OH 44130-3494

RE: The tariff classification of a Wheelchair Motor Assembly from Switzerland

Dear Mr. Jones:

In your letter dated October 14, 2004, you requested a tariff classification ruling on behalf of Invacare Corporation of Elyria, Ohio.

The item concerned is a 24-volt, gearless, brushless DC motor assembly (see below) to be used exclusively as part of the Invacare Storm TDX 5 wheelchair.

The applicable subheading for the Wheelchair Motor Assembly will be 8501.32.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Electric motors ...: Other DC motors ...: Of an output exceeding 750 W but not exceeding 75 kW: Motors: Exceeding 750 W but not exceeding 14.92 kW. The rate of duty will be 2.9%.

You have supplied a copy of engineering/spec sheets of the “ASM, MOTOR GBRT...LT,” that are imprinted “Invacare Corp.” The engineering drawing closely matches the photographs you have supplied of your item.

On that basis, a secondary classification will apply for this item in HTS 9817.00.96, as 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. Note that this classification has no effect on any quota, visa or restricted merchandise requirements.

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 classification in 9817.00.96 of this item, contact National Import Specialist Jim Sheridan at 646-733-3012. If you have any other questions regarding the ruling, contact National Import Specialist Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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