CLA-2-84:S:N:N1:119 872746
Ms. Carol A. Wnuk
F.H. Fenderson
434 Delaware Ave.
Buffalo, NY 14202
RE: The tariff classification of a passenger elevator from
Canada
Dear Ms. Wnuk:
In your letter dated March 24, 1992 you requested a tariff
classification ruling on behalf of Cheney Company Inc., New
Berlin, WI.
The article to be imported is a passenger elevator to be
marketed under the name "Prolift". You indicate that your client
believes that the elevator should be free of duty under
subheading 9817.00.9600, Harmonized Tariff Schedule of the United
States (HTS), which provides for articles specially designed or
adapted for the use or benefit of the blind or other physically
or mentally handicapped persons.
You state that the Prolift elevator has certain special
features for wheelchair users such as a large cab to accommodate
a wheel chair, large mushroom head type control buttons located
at a low level, and constant pressure key switch operation.
However most newly built elevators for the general public have
similar features for easy accessibility to wheelchair occupants.
The Prolift elevator is an article that is useful to the general
public and is therefore not eligible for 9817.00.9600, HTS.
The applicable subheading for the Prolift elevator will be
8428.10.0000, Harmonized Tariff Schedule of the United States
(HTS), which provides for passenger or freight elevators other
than continuous action. The duty rate will be 2 percent.
Goods classifiable under subheading 8428.10.0000, HTS, which
have originated in the territory of Canada, will be entitled to a
0.4 percent rate of duty under the United States-Canada Free
Trade Agreement (FTA) upon compliance with all applicable
regulations.
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