CLA-2-94:OT:RR:NC:N4:433

William Burak
President
Ergo-Asyst Technology LLC
d/b/a Technimotion Medical
5810 Trade Center Drive Suite 300
Austin, TX 78744

RE: The tariff classification of a mobile reclining chair from China.

Dear Mr. Burak:

In your letter dated January 27, 2010, you requested a tariff classification ruling.

The item at issue is a “Shuttle-Motion” transfer chair. The “Shuttle-Motion” transfer chair is a mobile reclining chair used to transfer physically disabled individuals and hospital patients out of bed. It consists of an upholstered chair mounted on a metal U-shaped base. The chair is multi-positional and height adjustable through the use of a hydraulic foot pump. The device is a Class 1 medical device registered with the FDA. It has a weight of approximately 200 pounds, is 31 inches wide and 64 inches long and will be packaged in individual cartons.

The applicable subheading for the mobile reclining chair will be 9402.90.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Medical, surgical, dental furniture…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 http://www.usitc.gov/tata/hts/.

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 Neil H. Levy at (646) 733-3036.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division