CLA-2-83.:OT:RR:NC:N1:121
Ms. Patti McQuade
Brasstech
2001 Carnegie
Santa Ana, CA 92705
RE: The tariff classification of a grab-bar and various parts from an unknown country
Dear Ms. McQuade:
In your letter dated October 7, 2013, you requested a tariff classification ruling.
The merchandise under consideration, item number 1160, is described as a “12 inch Straight Grab Bar Assembly.” It is a wall-mounted safety bar made of brass that is designed to be mounted in a tub or shower area. The submitted installation instructions indicate that when properly installed it meets or exceeds loads mandated by the Americans with Disabilities Act and ASTM F446 (minimum 250 lbs./113 kg).
You indicate in your letter that item number 1160 comprises four separate parts and/or subassemblies that may be imported separately.
Part number 5080 is identified as a “Grab Bar Tubing Assembly.” It consists of the brass safety bar without mountings and fasteners.
Part number 1995 is described as a “Mounting Bracket.” It is a circular brass flange, which serves to mount the grab bar to the wall.
Part number 199X is identified as the “Grab Bar Hardware Pack.” It includes three stainless steel screws, a hex key and an O-ring.
Part number 1172 is described as a “Decorative Ring.” It is a circular brass escutcheon that serves as an ornamental cover to hide the mounting flange and fasteners.
You propose classification of the “Mounting Bracket,” part number 1995, in subheading 8302.50, Harmonized Tariff Schedule of the United States (HTSUS), which provides for base metal hat racks, hat pegs, brackets and similar fixtures, and parts thereof. However, this office finds that it is more appropriately classified in subheading 8302.41, HTSUS, which provides for, in pertinent part, base metal mountings, fittings and similar articles, and parts thereof, suitable for buildings.
The applicable subheading for item number 1160 (Grab Bar Assembly), part number 5080 (Grab Bar Tubing Assembly) and part number 1995 (Mounting Bracket) will be 8302.41.9080, HTSUS, which provides for base metal mountings, fittings and similar articles…other mountings, fittings and similar articles, and parts thereof, suitable for buildings, other, other, other. The rate of duty will be 3.5 percent ad valorem.
You propose classification for the decorative brass ring, part number 1172, in subheading 7419.99.5010, HTSUS, which provides for other articles of copper, other, other, other, other, brass plumbing goods not elsewhere specified or included. However, it does not perform a plumbing function, therefore, the subject brass ring will be classified in subheading 7419.99.5050, HTSUS, which provides for other articles of copper, other, other, other, other. The rate of duty will be free.
You specifically request a possible secondary classification for these four items under a secondary classification, i.e., 9817.00.96, HTSUS.
To clarify, whether or not imports meet specifications (if any apply) in the American with Disabilities Act (ADA) Accessibility Guidelines does not determine whether or not they are classifiable in 9817.00.96, as you imply. Regarding grab bars/rails, independent of the ADA, Headquarters Ruling Letter 556449, dated May 5, 1992, ruled that 9817.00.96 applied to: “Grab rails which are mounted to walls in and around showers and bath tubs. They are utilized for stabilization when entering or leaving the showers or bath tubs. The individual rails vary in size and composition…”
While no definition was given, multiple later rulings have applied that determination to grab bars/rails in bathrooms which have a sufficient gap from the wall to be grasped and which are both capable of sufficiently securing/attaching to a wall and sufficiently strong in themselves that they can easily take the full weight of a typical adult who would otherwise fall. That does, in fact, approximate some of the requirements for grab bars/rails in public water closets under the ADA Accessibility Guidelines, Section 4.26, Handrails, Grab Bars, and Tub and Shower Seats.
From the engineering drawings and other information that you provided, especially the size and placement of openings, we find that your item numbers1995 and 1172 were specially designed for use with these grab bars.
On that basis, a secondary classification will apply for your item numbers1160 and 5080 in 9817.00.96, HTSUS, as specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped (except articles for the blind), free of duty and user fees (if any).
Since they were specially designed for use in the above, a secondary classification will apply for your 1995 and 1172 in HTSUS 9817.00.96, as parts which were specially designed or adapted for use in articles which were specially designed or adapted for the use or benefit of the permanently or chronically, physically or mentally handicapped (except articles for the blind.)
Note for all four of the above that the requirement that the importer prepare and file a U.S. Department of Commerce form ITA-362P has been eliminated via a notice from the International Trade Administration, published in the Federal Register of June 1, 2010. Also note that this classification has no effect on any quota, visa, or restricted merchandise requirements or countervailing or dumping duties.
Your inquiry does not provide enough information for us to give a classification ruling on part number 199x and part numbers 1995 and 199x when incorporated together. Your request for a classification ruling should include the following:
Samples of sub-assembly part 199X and parts 1995 and 199X (when incorporated together) in their imported condition.
Provide a cost breakdown for all components contained in part 199X and part 1995.
Explain how each subassembly is packaged at the time of importation.
Identify the material composition of the “Buna-N O-Ring.”
Explain the purpose of the hex key. Is it used to assemble any of the parts in the mounting hardware sub-assembly?
When this information is available, you may wish to consider resubmission of your request. We are returning any related exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, Attn: Binding Rulings Section.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 of these items in subheading 9817.00.96, HTSUS, contact National Import Specialist J. Sheridan at (646) 733-3012. If you have any questions regarding part 199X, contact National Import Specialist Anthony Grossi at (646)733-3021. If you have any other questions regarding the ruling, contact National Import Specialist Barbara Kaiser at (646) 733-3024.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division