CLA-2-95:S:N:N8:224 807631

Isabelle C. Fountaine
A. N. Deringer, Inc.
HC 76 Box 625
Jackman, ME 04945

RE: The tariff classification of exercise and ergometer cycles and a Rehab Trainer from Canada.

Dear Ms. Fountaine:

In your letter dated March 2, 1995, you requested a tariff classification ruling on behalf of Monark Bodyguard.

The merchandise consists of various model ergometers and stationary exercise bikes intended to meet a range of requirements from controlled exercise programs measuring medical fitness to individual physical fitness.

The applicable subheading for the ergometer and exercise cycles will be 9506.91.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for articles and equipment for general physical exercise, gymnastics or athletics; parts and accessories thereof, exercise cycles. The general rate of duty will be 4.6 percent ad valorem.

The Rehab Trainer, described as either a leg or arm ergometer, and suitable for use by physically handicapped patients such as paraplegics and amputees as an upper body ergometer and trainer, is classified in subheading 9506.91.0030, HTS, which provides for articles and equipment for general physical exercise, gymnastics or athletics; parts and accessories thereof, other. The general rate of duty will be 4.6 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport