CLA-2-87:OT:RR:NC:N2:201
David G. Forgue
Barnes, Richardson & Colburn, LLP
303 East Wacker Drive
Chicago, IL 60601
RE: The tariff classification of various styles of wheelchair belts from the Netherlands
Dear Mr. Forgue:
In your letter dated July 22, 2022, you requested a tariff classification ruling on behalf of your client, Bodypoint Inc. of Seattle, Washington.
The items under consideration have been identified as five (5) types of wheelchair positioning belts or harnesses. You state that while the belts and harnesses are similar in some respects, each is specifically designed for a particular use. Thus, while all the belts and harnesses have common raw materials, they are specifically designed to be used only for their stated function.
The wheelchair positioning belts and harnesses have the following attributes:
Nylon webbing
Closed cell foam padding (replaced with soft mesh in the calf supports)
Lamination of the foam with nylon and polyester fabric surfaces
Buckles or closures of steel, plastics, and composites
Fasteners of plated steel, stainless steel, or plastic
Compliance with ISO 16840-3, the standard for wheelchair seating
The first type of belt is identified as the “Evoflex and General Pelvic Positioning Belt”. Pelvic Positioning Belts may be imported in variety of configurations. For Bodypoint’s purposes this would include the Evoflex Pelvic Positioning Supports, as well as the company’s other Pelvic Positioning Belts. The differences among configurations depend mostly on whether the belt has the novel, patented injection-molded belt end straps and whether it is a two- or four-point belt. There may also be differences in pad and pad placement, depending on the needs of the user. For purposes relevant to the classification of the Pelvic Positioning Belts, the various models are the same. They all have all the physical attributes mentioned above.
The second type of belt is the “Monoflex Chest Support”, which may be imported in various models, but the models subject to this request use high-strength elastic padding to allow comfort for the user while also maintaining trunk control. These models have a double-tapered shape to distribute pressure but leaves the arms free to move. These models also include a proprietary high strength swivel buckle to ensure tension is equalized, and versatile mounting options for various wheelchair styles.
The third type of belt is the “Stayflex and General Trunk Support Harness”, which may be imported in various models. All models include laminar padding to better fit the contours of the chest, and thermoplastic rubber reinforcements to distribute stress on the body, and high-strength swivel buckles. The Stayflex and General Trunk Support Harnesses in question are intended for people requiring support of the trunk, whether for safety purposes or stability purposes, when in a
wheelchair. The Stayflex Harness models allow more freedom of motion while still providing
critical support. The Trunk Support Harnesses also retract the shoulders of the user, if needed.
The adjustable end-fittings on Stayflex and General Trunk Support Harnesses permit them to be
installed on almost any style wheelchair. Finally, the Harnesses can be adjusted for proper
fit and to accommodate changes in clothes.
The fourth type of belt is the “Ankle Hugger”. While the products you discuss above have all been for upper body support, you state that the lower body must also be appropriately supported. The Ankle Hugger is nylon webbing with closed-cell foam padded cuff straps which wrap the circumference of the lower leg at the ankle. The Ankle Hugger has plastic buckles and fasteners made from plated steel and plastic. Ankle Hugger is intended for any wheelchair user who needs foot support. These ankle supports ensure that a user maintains their lower leg position and that the feet are properly supported when seated in a wheelchair.
The fifth and final type of belt is the “Calf Support”. The Calf Support model subject to this request is a combination of nylon webbing with mesh fabric used to increase airflow, distribute pressure, and allow water to pass through in wet environments. The calf support uses plastic tubing clips to snap on to round frame wheelchairs. The Calf Supports are compatible with almost any style of wheelchair. The Calf Supports are intended to provide posterior calf support for wheelchair users. This may be particularly necessary where greater leg stability is needed, as for a user who experiences spasticity and needs the feet secured to be safe and comfortable.
In your request you suggest classification of the five (5) types of belts in 8714.20.0000, which provides for, “Parts and accessories of vehicles of headings 8711 to 8713: Of carriages for disabled persons”. This office agrees.
The applicable subheading for the five (5) types of wheelchair harnesses will be 8714.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Parts and accessories of vehicles of headings 8711 to 8713: Of carriages for disabled persons”. 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 the World Wide Web at https://hts.usitc.gov/current.
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 Matthew Sullivan at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division