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NY R02159




July 18, 2005

CLA-2-90:RR:NC:N1:105 R02159

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0090, 9019.10.2010

Mr. Christopher Garcia
Kuehne & Nagel, Inc.
8200 Boggy Creed Rd., Suite 600
Orlando, FL 32824

RE: The tariff classification of Hydrotherapy Treadmill Units and Pet Lifters from England

Dear Mr. Garcia:

In your letter dated June 17, 2005, for Precision Stainless Products, you requested a tariff classification ruling. No sample was submitted.

Regarding the two items with tanks, you state: “Items are ‘Hydrotherapy treadmill units’. They are used in the veterinary industry, for rehabilitation of canine animals. The products; HP-100- basically, a plexi-glass tank with a motorized conveyor belt at the bottom. The tank is filled about ¼ of the way with warm water, and the animal stands in the tank and the motorized treadmill is turned on, allowing the animal to walk or jog on the treadmill with its legs about halfway submerged in the water.

HP200- same thing as above, but the tank is larger and has sides that lower like ‘ramps’ so a larger dog can walk right into the tank instead of being lifted or ‘hoisted’ in.”

Your attachment further states:

“Hydrotherapy

 The rehabilitation benefits of hydrotherapy have been widely accepted throughout history. The word hydrotherapy is derived from the Greek words hydro (water) and therapeia (healing). Whereas conventional exercise can be very hard on joint’s, the low weight bearing, low impact nature of water based exercise is much kinder.

 By working closely with veterinary professionals, Technik Technology has developed innovative rehabilitation products to aid the recovery of sick animals.

 The warm water used in the range of Hydro Physio products helps promote blood circulation whilst helping to relax recuperating muscles. This in turn can help decrease pain and muscle spasm. A decrease in range of joint motion can often be due to pain, swelling or stiffness. Stiffness can be eased as the warmth of water causes an expansion of blood vessels.

 Hydrotherapy can be used in the treatment and control of many conditions which affect the mobility of our canine friends. Mobility problems form a large percentage of veterinary consultations in dogs and conventional medical or surgical treatments do not always provide the answers. As in human medicine, physiotherapy plays a big part in the treatment of muscular-skeletal ailments and increasing fitness in general.

 The introduction of a motorized conveyor into the bottom of a therapy machine allows the patient to exercise in a supported and controlled environment.

 This facilitates an early return to exercise for patients, thus reducing rehabilitation time.”

We note that these items are not jacuzzi-type hydromassagers since they have no means of causing the water to whirlpool, etc.

It is used in physical therapy for the animal’s joints and/or muscles and is mechanical, due to the treadmill. Unlike humans, animals will require very close individual supervision when doing any kind of therapeutic exercise.

Harmonized System Explanatory Note I to 9019 does not exclude Mechano-Therapy Appliances for animals. Neither does it explicitly include them, but this is not a common item so that is not strong evidence of an intent to exclude them.

In a somewhat analogous situation, the Heading for Orthopedic Appliances in 9021 does not state that it include those for animals, but, in its case, they are explicitly included per its EN I.

The Pet Lifter, designated model PL100, is designed for lifting animals of weights up to 220 lbs. The lifter is of stainless steel construction with lockable swivel castors allowing ready maneuverability. It also features maneuvering handles, remote control and rechargeable batteries. The unit measures 52 1/2” in length, 27” in width and ranges in height from 20-70”.

The applicable subheading for the PL100 Pet Lifter will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling loading or unloading machines. The rate of duty will be free.

The applicable subheading for the HP 100 and HP 200 will be 9019.10.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for Mechano-therapy appliances. The rate of duty will be free.

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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