CLA-2-84:S:N:N1:103 858704
Mr. C. R. LeConte
A. N. Deringer, Inc.
15 River Street
Calais, Me. 04619-1894
RE: The tariff classification of a wheelchair lift from Canada
Dear Mr. LeConte:
In your letter dated November 27, 1990 on behalf of Whirlteq
you requested a tariff classification ruling.
The Whirlteq Transporter 4000 is an elevator system used in
public buildings to lift a wheelchair-bound individual along with
any accompanying attendant. It basically consists of landing
entrance frames and doors, a cab, guide rails, a piston cylinder,
a power unit, and an electrical controller. The frame and door
assemblies are placed at each floor where the elevator cab will
stop. Each assembly contains a two-speed adjustable door
closer, as well as mechanical and electrical interlocks which
prevent the cab from moving until the doors are completely shut.
The assembly also contains hallway controls consisting of up and
down call buttons and a key switch which overrides the hallway
controls. The elevator cab is made of steel faced with melamine
panels, and has an aluminum ceiling with a fluorescent light, up
and down pushbuttons, and an emergency stop alarm button. The
elevator cab is moved up and down along standard T-shaped guide
rails by means of a hydraulic piston cylinder mounted at the
bottom of the hoistway shaft. The cylinder can raise the cab up
to a maximum of 23 feet. The electrical controller is attached
directly to the hydraulic power unit, and incorporates a solenoid
device for emergency lowering operations in case of a power
failure.
The applicable subheading for the Whirlteq Transporter 4000
will be 8428.10.0000, Harmonized Tariff Schedule of the United
States (HTS), which provides for passenger or freight elevators
other than continuous action elevators. The duty rate will be 2
percent ad valorem.
Goods classifiable under subheading 8428.10.0000, HTS, which
have originated in the territory of Canada, will be entitled to a
1.2 percent rate of duty under the United States-Canada Free
Trade Agreement (FTA) upon compliance with all applicable
regulations. In 1991, the FTA duty rate will be .8 percent.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport