CLA-2-87:RR:NC:MM:101 G80153
Mr. Dave Pentland
Carson Customs Brokers (USA) Inc.
P.O. Box 653
Blaine, Washington 98231-7819
RE: The tariff classification of the Garaventa Evacu-Trac Model CD-7 from Canada
Dear Mr. Pentland:
In your letter dated March 29, 2001 you requested a tariff classification ruling.
You submitted a brochure and specification sheets on the Garaventa Evacu-Trac Model CD-7 that is an evacuation device used to move people with a disability or injury down stairways quickly and safely during an emergency. The Evacu-Trac is a wheelchair-like device that has a non-motorized speed governor and braking system to allow a small attendant to easily evacuate a larger passenger. The Evacu-Trac has six wheels and rubber tracks with saw-tooth lugs to securely grip the stairway. The Evacu-Trac can be folded when not in use and can be placed in a storage cabinet designed for this unit. When opened, the Evacu-Trac’s dimensions are: Length 51.6 inches; Width 16.8 inches; Height 31.9 inches.
Regarding your claim that a secondary classification will apply for this item in HTS 9817.00.96, we do not agree.
While the item would clearly be used only for the benefit of people who were, at that time, very limited in performing the major life activity of walking down stairs, it has no features that indicate that it was designed for those with a permanent or chronic impairment, e.g., an amputated leg, as opposed to an acute or transient one, e.g., a foot gashed in the emergency itself or a leg broken while skiing the previous week. Only items designed for those with permanent or chronic impairments are classified in HTS 9817.00.94-96 in accordance with U.S. Note 4 to Subchapter 17 of HTS Chapter 98.
The applicable subheading for the Garaventa Evacu-Trac Model CD-7 will be 8713.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Invalid carriages, whether or not motorized or otherwise mechanically propelled: Not mechanically propelled. The rate of duty will be Free.
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 in 9817.00.96 of this item, contact National Import Specialist Jim Sheridan at 212-637-7037. If you have any questions regarding the ruling, contact National Import Specialist Robert DeSoucey at 212-637-7035.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division