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NY L81673




February 2, 2005

CLA-2-90:RR:NC:N1:105 L81673

CATEGORY: CLASSIFICATION

TARIFF NO.: 9033.00.0000

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

RE: The tariff classification of Wall Mounted Service Units from Canada

Dear Mr. Brogan:

In your letters dated October 8th and December 29, 2004, for Amico Corporation, you requested a tariff classification ruling. No samples were submitted.

You describe the items as follows:

“1. Vertical flatwall regal series
Imperial series horizontal headwall
Majestic series horizontal wall
Power column (wall)
LDRP wall (Labor/Delivery/Recovery/Prep)

The ‘medical gas’ that each wall unit is designed to handle is configured by Amico’s engineers based on specifications provided by the medical facility at which the unit will be installed. Specifically, the walls can be configured to deliver both anaesthetic and therapeutic gases. Medical gases the units can be configured to deliver are: oxygen, nitrogen, nitrous oxide, medical air, and carbon dioxide.

The walls can be used in surgical, intensive care, and recovery units. However, the primary application for the walls is in recovery units with the exception of the LDRP wall. The LDRP wall is used in newer maternity unit hospital rooms, which are designed to be all-encompassing rooms where the expectant mother spends her entire hospital stay from arrival/preparation through labor, delivery and recovery.

The consoles can also be configured to provide: Waste Anaesthesia Gas Disposal/Anaesthesia Gas Scavenging Service (WAGD/AGSS), and medical vacuum services as well as electrical and communication services.”

We consider HRL 954174 LTO, 11-23-93 to be controlling regarding their classification of the Ceiling Mounted Service Column Rigid (Stationary).

Therefore, the applicable subheading for these items 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 general rate of duty will be 4.4 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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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