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NY L83372




March 30, 2005

CLA-2-87:RR:NC:N1:121 L83372

CATEGORY: CLASSIFICATION

TARIFF NO.: 8713.90.0030; 8713.90.0060

Mr. W. Steven Shih
Landlex USA Inc.
5125 Palm Springs Blvd.
Tampa, FL 33647

RE: The tariff classification of electrically powered scooters from Taiwan

Dear Mr. Shih:

In your letter dated March 23, 2005, you requested a tariff classification ruling.

The merchandise is three models of electrically powered scooters for use by the handicapped. You state that they are intended to be FDA approved products. Each model is designed for a single individual and runs on two 12-volt rechargeable batteries. They are intended for use by the elderly and others who are unable to stand or walk for extended periods. These products are intended to allow these people to regain mobility so that they can comfortably perform daily activities.

The Landlex Broadway 4-wheel scooter has a net weight of 157 lbs., a maximum speed of 5.5 mph and a maximum weight limit of 300 lbs.

The Landlex Broadway 3-wheel scooter has a net weight of 135 lbs., a maximum speed of 5.0 mph and a maximum weight limit of 300 lbs.

The Landlex aZip 3-wheel scooter has a net weight of 65 lbs., a maximum speed of 4 mph and a maximum weight limit of 250 lbs.

The applicable subheading for the Landlex Broadway 4-wheel scooter will be 8713.90.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for carriages for disabled persons, whether or not motorized or otherwise mechanically propelled, other, other. The rate of duty will be free.

The applicable subheading for the Landlex Broadway 3-wheel scooter and the Landlex aZip 3-wheel scooter will be 8713.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for carriages for disabled persons, whether or not motorized or otherwise mechanically propelled, other, three-wheeled. 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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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