CLA-2-83:OT:RR:NC:N1:121
Mr. Shawn Glover
UPS Trade Management Services, Inc.
2031 S. Centennial Ave.
Aiken, SC 29803
RE: The tariff classification of three dual-wheeled castors from Germany and Slovakia
Dear Mr. Glover:
In your letter dated January 13, 2016, you requested a tariff classification ruling on behalf of Tente Casters, Inc. Three samples were submitted and forwarded to the U.S. Customs and Border Protection (CBP) laboratory for analysis and measurements.
Please note that this ruling is only applicable to part# 2940USX100R05-32, part# 3940UAP150R05-32 and part# 5940XSC125R05-22 RAL9002, based upon analysis of the samples provided. For other specifications within the series listed below, you may file additional ruling requests.
The products under consideration are three dual-wheeled casters: one from the 2940 Series (part# 2940USX100R05-32), one from the 3940 Bariatric Series (part# 3940UAP150R05-32) and one from the Linea 5940 Series (part# 5940XSC125R05-22 RAL9002). Each caster has a stem and axel made of base metal. The stem connects the caster to a hospital bed or patient transfer device. Each caster has a single axle with bearings and two polymer wheels attached to each side of a center housing.
You indicate that casters in the 2940 Series are offered with wheel diameters of 100 mm, 125 mm or 150 mm. Casters with wheels measuring 100 or 150 mm in diameter have wheels with a tread width of 15 mm. Casters with a wheel diameter of 125 mm have wheels with a tread width of 12 mm. The load capacity ranges from 125 kg to 150 kg.
Based upon CBP laboratory analysis, the submitted caster from the 2940 Series (part# 2940USX100R05-32) has a wheel diameter measuring 100 mm and a wheel width measuring 27 mm at its widest point.
You indicate that casters in the Linea 5940 Series are offered with wheel diameters of 125 mm or 150 mm and a tread width of 15 mm. The load capacity is 150 kg.
Based upon CBP laboratory analysis, the submitted sample from the Linea 5940 Series (part# 5940XSC125R05-22 RAL9002) has a wheel diameter measuring 126 mm and a wheel width measuring 24 mm at its widest point.
You indicate that casters in the 3940 Bariatric Series have wheels with a diameter of 150 mm and a tread width of 15 mm. Casters in this series have wheels that can rotate independently of each other, making turning or reversing direction much easier. Each caster has a central locking mechanism that allows it to go into a brake position, preventing the wheels from rolling. The load capacity is 250 kg.
Based upon CBP laboratory analysis, the submitted sample from the 3940 Bariatric Series (part# 3940UAP150R05-32) has a wheel diameter measuring 150 mm and a wheel width measuring 33 mm at its widest point.
You propose classification of the three casters in subheading 9402.90.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for medical, surgical, dental or veterinary furniture…other, other. This office disagrees with this proposal for part# 2940USX100R05-32 and part# 5940XSC125R05-22 RAL9002.
Legal note 2 to Chapter 83 indicates the following: “For purposes of heading 8302, the word ‘castors’ means those having a diameter (including, where appropriate, tires) not exceeding 75 mm, or those having a diameter (including, where appropriate, tires) exceeding 75 mm, provided that the width of the wheel or tire fitted thereto is less than 30 mm.”
We note that each caster is fitted with two wheels. Each wheel exceeds 75 mm in diameter. Part# 2940USX100R05-32 and part# 5940XSC125R05-22 RAL9002 have wheels each measuring less than 30 mm in width. Part# 3940UAP150R05-32 has wheels measuring over 30 mm in width.
The applicable subheading for part# 2940USX100R05-32 and part# 5940XSC125R05-22 RAL9002 will be 8302.20.0000, HTSUS, which provides for base metal mountings, fittings and similar articles…castors, and parts thereof. The rate of duty will be 5.7 percent ad valorem.
The applicable subheading for the part# 3940UAP150R05-32 will be 9402.90.0020, HTSUS, which provides for medical, surgical, dental or veterinary furniture…parts of the foregoing articles, other, other. The rate of duty will be free.
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 https://hts.usitc.gov/current.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division