CLA-2-83:OT:RR:NC:N1:121
JoAnn Martin, Corporate Quotations Mgr.
AFC Industries
3795 Port Union Road
Fairfield, OH 45014
RE: The tariff classification of hospital bed rail mounting brackets from China
Dear Ms. Martin:
In your letter dated August 26, 2022, you requested a tariff classification ruling.
The merchandise under consideration is four types of mountings for hospital bed side rails.
The first item is an “L” shaped bracket described as “Outer Side Rail Arm”, part number 193995. It measures approximately 173 mm long, 13 mm thick, and 32 mm wide with a mounting hole at each end. The arm is made of extruded aluminum alloy 6061-T6 with a light grey powder coat finish. It is designed to mount a side rail to a Centrella Hospital Bed.
The second item is a “J” shaped bracket described as “Outer Arm”, part number 165500. It measures approximately 220 mm long, 13 mm thick, and 40 mm wide with a mounting hole at each end and one in the center. The arm is made of extruded aluminum alloy 6061-T51 with a light grey powder coat finish. It is designed to mount a side rail to a Progressa Hospital Bed.
The third item is a curved bracket described as “Outer Siderail Arm Support”, part number 68873. It measures approximately 211 mm long, 14 mm thick, and 37 mm wide with a mounting hole and bearing at each end. The arm is made of extruded aluminum alloy 6061-T6 with a light grey powder coat finish. It is designed to hold a lower side rail to a Total Care Hospital Bed.
The fourth item is a curved bracket described as “Outer Siderail Arm”, part number 70240. It measures approximately 211 mm long, 13 mm thick, and 37 mm wide with a mounting hole and bearing at each end. The arm is made of extruded aluminum alloy 6061-T6 with a light grey powder coat finish. It is designed to hold an upper side rail to a Total Care Hospital Bed.
In your letter, you propose classification in subheading 9402.90.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for hospital beds. We disagree. The outer arm, outer side rail arms, and outer side rail arm support are parts used on hospital beds. The proposed subheading will not apply. In addition, these parts meet the definition of mounting, which is considered a part of general use. Parts of general use are excluded from Chapter 94 per Note 1(d) to Chapter 94.
The applicable subheading for the mountings for hospital bed side rails, part numbers 193995, 165500, 68873, and 70240 will be 8302.42.3065, HTSUS, which provides for Base metal mountings, fittings and similar articles… Other mountings, fittings and similar articles, and parts thereof: Other, suitable for furniture: Of iron or steel, of aluminum or of zinc; Other. The duty rate will be 3.9 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8302.42.3065, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 8302.42.3065, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
The mountings for hospital bed side rails from China made from an extruded manufacturing process may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).
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 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 Jennifer Jameson at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division