HQ 087337: Barrier pad classifiable as article specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 087337

                                   August 30, 1990




           CLA-2 CO:R:C:G DRR 087337

           CATEGORY: Classification

           TARIFF NO.: 9817.00.9600, HTSUSA; barrier pad

           Ms. Ann Williams
           A.N. Deringer
           30 West Service Road
           Champlain, New York 12919-9703

           Re:  Barrier pad classifiable as article specially designed
                or adapted for the use or benefit of the blind or other
                physically or mentally handicapped persons

           Dear Ms. Williams:

                This is in reference to your letter dated May 30, 1990,
           on behalf of Scotwell International, Inc., requesting the
           classification of a barrier pad under the Harmonized Tariff
           Schedule of the United States Annotated (HTSUSA).

           FACTS:

                The merchandise at issue consists of a barrier pad.  The
           measurements of the barrier pad were not specified.  The pad
           is quilted and consists of five layers of material, 100
           percent knit polyester, vinyl, polyester felt, polyester
           wadding and 50 percent polyester/50 percent cotton knit
           fabric.  The pads will be manufactured in and imported from
           Canada.  According to your letter, the estimated production
           costs are Can$ 4.33.  The pads will be sold to health care
           laundries, nursing homes and chronic care institutions.  The
           importer will also provide a rental laundry service to nursing
           homes and chronic care institutions.

                In your letter you state that you believe that the
           barrier pad is classifiable under subheading 9817.00.9600,
           HTSUSA, as merchandise specifically designed for use by
           handicapped persons.

















                                        - 2 -


           ISSUE:

               What is the proper classification of the merchandise at
           issue?

           LAW AND ANALYSIS:

               Classification under the HTSUSA is in accordance with the
           General Rules of Interpretation (GRI), taken in order.  GRI 1
           provides that classification shall be determined according to
           the terms of the headings and any relative section or chapter
           notes.

               Subheading 9817.00.9600, HTSUSA, provides for articles
           specially designed or adapted for the use or benefit of the
           blind or other physically or mentally handicapped persons,
           other.  Note 4(a), Chapter 98, states that the term "blind or
           other physically or mentally handicapped persons" includes any
           person suffering from a permanent or chronic physical or
           mental impairment which substantially limits one or more major
           life activities, such as caring for oneself, performing manual
           tasks, walking, seeing, hearing, speaking, breathing,
           learning, or working.

               Therefore, according to Note 4, articles classifiable in
           this subheading must:  1) be designed for use by persons who
           are physically or mentally impaired; 2) the impairment must
           limit a major life activity; and, 3) the impairment must be
           chronic or permanent.  Customs has previously determined that
           permanent or chronic incontinence is an impairment within the
           meaning of this chapter note.  (See Headquarters Ruling Letter
           (HRL) 085092, dated May 10, 1990 and HRL 085094, dated May 10,
           1990.)

               In order to be classifiable under subheading 9817.00.9600,
           HTSUSA, the item in question must also be used for treatment
           of a chronic or permanent condition.  The barrier pad is
           designed for repeated wear and, unlike many other incontinence
           care products, is not disposable.  According to your
           submission, the barrier pad has an approximate useful life in
           excess of 100 washings.  It will be used in nursing homes and
           chronic care institutions.  It is reasonable to assume that
           these facilities would have a significant number of patients
           who suffer from chronic or permanent incontinence. It is
           therefore Customs opinion that this article meets the
           requirements of Note 4 and is classifiable under subheading
           9817.00.9600, HTSUSA.  














                                         - 3 -


           HOLDING:

               The barrier pad in question is classified under subheading
           9817.00.9600, HTSUSA, as an article specially designed or
           adapted for the use or benefit of the blind or other
           physically or mentally handicapped persons, other, and is duty
           free.

                                       Sincerely,




                                       John Durant, Director
                                       Commercial Rulings Division














































           6cc:  A.D., NY Seaport
           DRRimmer library/lw
           name: 087337