HQ 087669: Medical bed pad classifiable as other furnishing article

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 087669

                                  November 16, 1990




           CLA-2 CO:R:C:G  087669 DDR

           CATEGORY: Classification

           TARIFF NO.: 6304.92.0000

           Mr. Randy Jachman
           Project Strategies Network, Inc.
           P.O. Box 21524
           Pikesville, Maryland 21208

           Re:  Medical bed pad classifiable as other furnishing article

           Dear Mr. Jachman:

                This is in reference to your undated letter received
           July 19, 1990, and in further reference to your letter of
           March 8, 1990, requesting the classification of medical bed
           pads under the Harmonized Tariff Schedule of the United States
           Annotated (HTSUSA).

           FACTS:

                The merchandise at issue is represented by a sample of a
           medical bed pad and fabric swatches.  The 3-ply swatch is made
           of one layer of 100 percent woven cotton, one layer of 100
           percent non-woven polyester, and a third layer of vinyl.  The
           2-ply swatch does not have the middle layer of polyester.  The
           4-ply, full sized pad is made of polyethylene plastic, a paper
           lining, and non-woven cotton fiber and cover, is disposable.
           The pads will be manufactured in and imported from Hong Kong
           and/or the People's Republic of China.  According to your
           second letter, the estimated production costs are $0.12 per
           disposable pad and $1.25 per reusable pad.  You further state
           that the pads will be used in nursing homes and hospitals for
           incontinent patients.

           ISSUE:

                What is the proper classification of the merchandise at
           issue?
















                                         -2-


           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.

               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 bed pads in question
           do not appear to be designed for repeated, long term wear and,
           like many other incontinence care products, are disposable.
           Although they will be used in nursing homes and hospitals,
           there is no evidence to support a finding that these products
           will be used for patients who suffer from chronic or permanent
           incontinence.  It is therefore Customs opinion that these
           articles do not meet the requirements of Note 4 and are
           therefore not classifiable under subheading 9817.00.9600,
           HTSUSA.

               According to GRI 3(b), mixtures, composite goods
           consisting of different materials or made up of different
           components, and goods put up in sets for retail sale, shall
           be classified as if they consisted of the material or
           component which gives them their essential character.  The
           Explanatory Notes to the HTSUSA may be consulted for guidance
           as to the correct international interpretation of the various
           HTSUSA provisions.  The Explanatory Notes state that "the
           factor which determines essential character will vary as
           between different kinds of goods.  It may, for example, be
           determined by the nature of the material or component, its
           bulk, quantity, weight or value, or by the role of a
           constituent material in relation to the use of the goods.
















                                         -3-


               In light of the fact that the bed pads are made up of
           different materials, we must next determine the essential
           character in order to classify the item in accordance with
           GRI 3(b).  Each element, i.e., each layer of cotton, polyester
           or vinyl, is necessary to the design and function of the
           article.  Therefore, no one layer can be said to give the
           combination its essential character.  Accordingly,
           classification of the item at issue is determined by GRI 3(c).
           The bed pads are therefore classifiable under whichever
           heading appears last in numerical order among those which
           merit consideration.  The competing applicable provisions for
           the two and three layer pads are Heading 3926 and Heading
           6304, HTSUSA.  The competing applicable provisions for the
           four layer pad are Heading 3926, Heading 4818, and Heading
           6304.  Subheading 6304.92.0000, HTSUSA, provides for other
           furnishing articles, not knitted or crocheted, of cotton.
           Subheading 6304.93.0000, HTSUSA, provides for other furnishing
           articles, not knitted or crocheted, of synthetic fibers.

           HOLDING:

               The two and three layer medical bed pads in question are
           classified under subheading 6304.92.0000, HTSUSA, as other
           furnishing articles, not knitted or crocheted, of cotton, with
           a duty rate of 7.2 percent ad valorem and subject to textile
           visa category 369.  The four layer medical bed pad in question
           is classified under subheading 6304.93.0000, HTSUSA, as other
           furnishing articles, not knitted or crocheted, of synthetic
           fibers, with a duty rate of 10.6 percent ad valorem and
           subject to textile visa category 666.

               Due to the changeable nature of the statistical annotation
           and the restraint (quota/visa) categories applicable to
           textile merchandise, the importer should contact the local
           Customs office prior to importation of this merchandise to
           determine the current status of any import restraints or
           requirements.

               The designated textile and apparel category may be
           subdivided into parts.  If so, visa and quota requirements
           applicable to the subject merchandise may be affected.  Since
           part categories are the result of international bilateral
           agreements which are subject to frequent renegotiations and


















                                         -4-


           changes, we suggest that you check, close to the time of
           shipment, the Status Report on Current Import Quotas
           (Restraint Levels), an internal issuance of the U.S. Customs
           Service, which is available for inspection at your local
           Customs office.

                                       Sincerely,




                                       John Durant, Director
                                       Commercial Rulings Division
















































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