CLA-2-84:OT:RR:NC:N1:120

Mr. Michael G. Hodes
Hodes Keating & Pilon
134 North LaSalle Street, Suite 1300
Chicago, Illinois 60602

RE: The tariff classification of a Digital Physician Scale (model 499KL), Mechanical Physician Scale (model 402LB), Pediatric/Neonatal Scale (model 522KL), Wheelchair Scale (model 2600KL), Digital Bariatric Scale (model 1100KL), and a Chair Scale (model 594KL) from China

Dear Mr. Hodes:

In your letter dated June 22, 2011, on behalf of Pelstar LLC, you requested a tariff classification ruling.

The merchandise under consideration is a digital physician scale identified as model number 499KL. This model is a free standing scale designed to provide the weight of a person who stands on the platform. The platform measures approximately 12 3/4” in width by 15 1/2” in depth. The weight is displayed on a 1” LCD digital display built into the cross piece of a waist-high pole attached to the platform. This scale is powered by AA batteries or may use an optional 120V adapter. There is a USB connection to attach peripheral devices. This scale can accommodate up to 500 pounds (lb)/227(kg), and has an accuracy of +/- .4 (lb)/.2 (kg).  Model 499KL-Digital Physician Scale

The merchandise under consideration is a mechanical physician scale identified as model number 402LB. This is a free standing scale that uses a platform and a mechanical system to determine a person’s weight. The platform measures approximately 10-1/2” in width by 14” in diameter. There are two parallel bars over which weights slide until the weight bar is in balance. A weight is determined by combining the numbers on the weight bar over which the weights settle when the scale is in balance. This mechanical scale can accommodate up to 500 pounds (lb) and has an accuracy of +/-.25 (lb). Model 402LB-Mechanical Physician Scale

The merchandise under consideration is a pediatric/neonatal scale identified as model number 522KL. This scale weighs new-born babies and infants that aren’t capable of standing. The new-born baby and/or infant are weighed by being placed on a tray that measures approximately 3” in height by 24 1/16” in width by 14 1/8” in diameter. The weight is displayed on 1” LCD digital display readout. This scale is powered by AA batteries or may use an optional 120V adapter. There is a USB connection to attach peripheral devices. This scale can accommodate up to 50 pounds (lb)/23(kg) and has an accuracy of +/- .8(oz)/20(g)/.05(lb)/.02(kg).  Model 522KL-Pediatric/Neonatal Scale

The merchandise under consideration is a wheelchair scale identified as model number 2600KL. An individual in a wheelchair is wheeled via a ramp to a platform for weighing. The platform measures approximately 32-3/8” in width by 36-1/4 in depth. This scale can “zero” out the weight of the wheelchair in order to give an accurate weight reading of the person which appears on a 3/4” LCD display, with 180° swivel. The scale is powered by D-cell batteries or an included 120V adapter. There is a USB and serial port connection to attach peripheral devices. This scale can accommodate up to 1000 pounds (lb)/453(kg) and has an accuracy of +/- .6(lb)/.3(kg).  Model 2600KL-Wheelchair Scale

The merchandise under consideration is a digital bariatric scale identified as model number 1100KL. This scale weighs individuals suffering from obesity by having individuals step onto the platform of the scale for weighing and handrails may be used during weighing for patient stability. The platform measures approximately 22” in width by 15-3/4” in diameter. The weight appears on a 3/4” LCD display, with 180° swivel. The scale is powered by D-cell batteries or an included 120V adapter. There is a USB and serial port connection to attach peripheral devices. This scale can accommodate up to 700 pounds (lb)/317(kg) and has an accuracy of +/- .6(lb)/.3(kg).  Model 1100KL-Digital Bariatric Scale

The merchandise under consideration is a chair scale identified as model number 594KL. The individual sits in a chair rather than standing on a platform to be weighed. The chair scale seat measures approximately 18-1/4” wide (side-to-side) by 14-1/2” deep (front to back) by 17-1/2” high (seat back). The weight is shown on the back of the chair scale on a 1-1/4” LCD display. The scale is powered by rechargeable 6V batteries or a 120V adaptor. This scale can accommodate up to 440 pounds (lb)/181(kg) and has an accuracy of +/- .2(lb)/.1(kg).  Model 594KL-Chair Scale

The applicable subheading for the Digital Physician Scale (Model 499KL) will be 8423.10.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Weighing machinery (excluding balances of a sensitivity of 5 cg or better)…: Personal weighing machines, including baby scales; household scales: Digital electronic type. The rate of duty will be Free.

The applicable subheading for the Mechanical Physician Scale (Model 402LB) will be 8423.10.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for weighing machinery (excluding balances of a sensitivity of 5 cg or better) …: Personal weighing machines, including baby scales; household scales: Other: Other. The rate of duty will be Free.

The applicable subheading for the Pediatric/Neonatal Scale (Model 522KL)will be 8423.10.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Weighing machinery (excluding balances of a sensitivity of 5 cg or better)…: Personal weighing machines, including baby scales; household scales: Digital electronic type. The rate of duty will be Free.

The applicable subheading for Wheelchair Scale (Model 2600KL) the will be 8423.10.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Weighing machinery (excluding balances of a sensitivity of 5 cg or better)…: Personal weighing machines, including baby scales; household scales: Digital electronic type. The rate of duty will be Free.

The applicable subheading for Digital Bariatric Scale (Model 1100KL) the will be 8423.10.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Weighing machinery (excluding balances of a sensitivity of 5 cg or better)…: Personal weighing machines, including baby scales; household scales: Digital electronic type. The rate of duty will be Free.

The applicable subheading for the Chair Scale (Model 594KL) will be 8423.10.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Weighing machinery (excluding balances of a sensitivity of 5 cg or better)…: Personal weighing machines, including baby scales; household scales: Digital electronic type. 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 Denise Faingar at (646) 733-3010.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division