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

Sean Q. Huang
2434 Dover Road
Columbus, OH 43209

RE: The tariff classification of an aluminum frame for a medical cart from China.

Dear Mr. Huang:

In your letter dated January 21, 2011, you requested a tariff classification ruling. No samples were provided.

The merchandise at issue consists of aluminum components that comprise the skeleton structure (frame) of a medical cart. The frame components are made of 6063 T-6 grade aluminum that have been extruded into profiles in China. After extrusion, the components are sent to a secondary manufacturer (also in China) where they are cut, drilled and machined into parts that are ready for assembly. These parts will then be imported into the United States, where they will be used in the manufacture of a finished medical cart. Based on the photos provided with your submission, the aluminum components have been advanced in condition beyond mere profiles as these parts have been specially machined and shaped in a manner that will allow them to be further incorporated into a finished medical cart. A photo of the finished medical cart indicates that the cart has several drawers, a tabletop, and three shelves with a series of compartments. The finished medical cart is depicted holding various types of medical supplies. It is our opinion that the imported skeleton/frame of the medical cart is classifiable in heading 9402 of the Harmonized Tariff Schedule of the United States (HTSUS) – the provision in pertinent part, for parts of medical furniture.

The applicable subheading for the aluminum components that comprise the skeleton structure (frame) of a medical cart, will be 9402.90.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Medical, surgical, dental or veterinary furniture…..and parts thereof: 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/.

Please be advised that the subject aluminum extrusions (parts of medical furniture) from China may be subject to antidumping duties or countervailing duties (AD/CVD). 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"). See case # A-570-967 concerning antidumping of aluminum extrusions from China.

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