The tariff classification of parts (for use in electric wheel chairs) from South Africa, Hong Kong, Taiwan and Korea

NY E86138 August 30, 1999 CLA-2-90:RR:NC:MM:105 E86138 CATEGORY: Classification TARIFF NO.: 9817.00.96 Mr. Barney Berlinger, Jr. ASI Technologies, Inc. 405 Caredean Drive Horsham, PA 19044-1388 RE: The tariff classification of parts (for use in electric wheel chairs) from South Africa, Hong Kong, Taiwan and Korea Dear Mr. Berlinger: In your letter, dated August 13 1999, you requested a tariff classification ruling. You recently received a binding ruling, E83371, on the classification in HTS Chapters 1-97 for each part. We will not repeat here the descriptions and classifications given then. Per Statistical Note 1-a to HTS Chapter 98, Subchapter 17, those classifications must be reported on any Customs entries of the parts, whether or not they are specially designed or adapted to be parts of articles for the physically handicapped as you now claim. We note that Customs is awaiting from you further information on the brakes and the aluminum castings so those parts will not be covered by this letter. Regarding that possible secondary classification in HTS 9817.00.96, the issue is not whether or not the parts will be used only in motorized wheelchairs since 9817.00.96 is not an actual use provision. (U.S. Customs has previously decided that motorized wheel chairs are presumed to be used primarily by those with chronic, not temporary, disabilities.) The motor and gear drives ruled upon, from their description, were clearly designed or adapted for motorized wheelchairs. On that basis a secondary classification will apply for these items in HTS 9817.00.96, as parts or accessories specially designed or adapted for the use or benefit of the physically or mentally handicapped, free of duty, 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. More information, however, is needed regarding the steel bars. Regarding the four bars, two “machined”, two not, that you import the most of: 1. Supply the design drawings or specifications used in their production 2. Who is the seller? Supply a copy of the invoice and your purchase order. 3. Who produced them? 4. Who does the machining? 5. What are their specific physical characteristics, if any, that would enable an expert in motorized wheelchairs to identify them as usable only in such and not for other uses? 6. If, as imported, they were shaped, drilled, or otherwise treated to be used specifically in your drives for motorized wheelchairs, what did this consist of? When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you. 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, contact National Import Specialist James Sheridan at 212-637-7037. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division