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?

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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.

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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

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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