HQ 951004

March 3, 1992

CLA-2 CO:R:C:M 951004

CATEGORY: Classification

TARIFF NO.: 8517.10.00

District Director

United States Customs Service

Suite 501

55 East Monroe Street

Chicago, IL 60603-5790

RE: Protest No. 3901-89-001669; heading 8517; telephones;

subheading 9817.00.96; articles specially designed or

adapted for the use or benefit of the blind or other

physically or mentally handicapped persons

Dear District Director:

This is in response to the request for Further Review of

Protest No. 3901-89-001669, dated December 14, 1989, regarding

the eligibility for duty-free treatment under subheading

9817.00.96, Harmonized Tariff Schedule of the United States

(HTSUS), of \"Tel-Ease\" telephones. A sample was submitted for

our examination.

FACTS:

The article at issue is the \"Tel-Ease\" telephone, model No.

100501\. The submitted telephone has ash colored jumbo size

buttons that have large grey colored numbers and letter. It

has tone and volume adjustment controls, a flashing light and an

automatic redial button. It has a ten number memory and colored

emergency designators. The \"Tel-Ease\" has an amplified receiver

that can increase incoming volume up to 20 db and it has an

amplified ringer that has 90 db output in the high position. The

importer states that the \"Tel-Ease\" is hearing aid compatible,

meaning that nothing in the telephone will blow a user\'s hearing

aid.

Your office liquidated the \"Tel-Ease\" telephone in

subheading 8517.10.00, HTSUS, which provides for telephone sets,

single lines, other with special features (such as memory,

redial, autodial, speaker and the like) other.

The importer contends that the \"Tel-Ease\" telephone is an

article or device specially designed or adapted for the

handicapped person, specifically for those with sight and/or

hearing impairments, in subheading 9817.00.96, HTSUS, and is

therefore, entitled to entry free of duty.

According to the importer, the \"Tel-Ease\" telephones are

sold to telephone companies, state agencies and to distributors

who sell to hearing audiologists. The importer states in his

submission that this phone has been selected as a

\"Telecommunications Device for the Hearing Impaired\" by the State

Council for the Hearing Impaired in one of the southern states.

In addition, the importer states that the Special Services

Department of a Regional Bell Operating Company has selected this

phone as one to be offered to their special needs people.

ISSUE:

Is the \"Tel-Ease\" telephone classified in subheading

8517.10.00, HTSUS, which provides for telephone sets, single

lines, other with special features (such as memory, redial,

autodial, speaker and the like) other, or in subheading

9817.00.96, HTSUS, which provides for articles specially designed

or adapted for the use or benefit of the blind or other

physically or mentally handicapped persons, other.

LAW AND ANALYSIS:

Subheading 9817.00.96, HTSUS, provides that articles

specially designed or adapted for the use or benefit of the blind

or other physically or mentally handicapped persons are eligible

for duty free treatment. U.S. Note 4(a) to subchapter XVII,

Chapter 98, HTSUS, states that:

For purposes of subheadings 9817.00.92, 9817.00.94 and

9817.00.96, 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 one\'s

self, performing manual tasks, walking, seeing,

hearing, speaking, breathing, learning, or working.

The importer contends that the \"Tel-Ease\" telephone has three

distinct features that qualify it as an article designed or

adapted for handicapped persons, specifically those with either

sight and/or hearing impairments. First, the jumbo sized buttons

with large numbers help the sight impaired. The numbers are also

available in large contrasting colors designed in response to

information received from the Association for the Blind.

Second, the \"Tel-Ease\" was the first telephone introduced into

the marketplace with a built in amplified receiver for the Third,

the \"Tel-Ease\" includes a loud electronic ringer that has a lower

tone than most phones. The importer also emphasizes the presence

of the ring indicator light, the automatic redial, the ten number

memory and the emergency indicators.

The legislative history of subheading 9817.00.96, HTSUS,

discusses the concern of Congress that the design, modification

or adaption of an article must be significant, so as to clearly

render the article for use by handicapped persons. (Senate report

(Finance Committee) No. 97-564, Sept. 21, 1989). It is our

position that the degree of additional features for the benefit

of the handicapped in the phone under consideration is minimal

and is, therefore, insufficiently significant to alter the basic

character of a conventional phone. For example, while the large

numbers on the dial buttons would certainly help anyone, visually

impaired or not, they intrinsically constitute an attractive

design feature that would appeal to many people who are not

visually impaired. The telephones are also not marketed and sold

just to the hearing and sight impaired but are available to the

general public. Tone and volume control, speed dial, flashing

light, and number memory, are all features that are increasingly

found in standard telephones sold to the general public.

Thus, while the \"Tel-Ease\" telephone maybe of benefit to the

sight and hearing impaired, we do not believe it is the type of

equipment which can be said to be specially designed or adapted

for handicapped people. Therefore, the \"Tel-Ease\" telephones,

are classified in subheading 8517.10.70, HTSUS, and are not

eligible for duty free treatment in subheading 9817.00.96, HTSUS.

HOLDING:

The protest should be denied in full. A copy of this

decision should be attached to the Customs Form 19 and provided

to the protestant as part of the notice of action on the protest.

Sincerely,

John Durant, Director

Commercial Rulings Division