HQ 088279

March 5, 1991

CLA-2 CO:R:C:T 088279 CC

CATEGORY: Classification

TARIFF NO.: 9817.00.9600

Ms. Dody Trombley

F.W. Meyers & Co., Inc.

33 West Service, P.O. Box 188

Champlain, NY 12919

RE: Classification of incontinent care products: reusable adult

diapers and bed pads; classifiable under subheading

9817.00.9600

Dear Ms. Trombley:

This letter is in response to your request, on behalf of

W. Laframbiose, Ltd., for classification of reusable adult

diapers and bed pads. Samples were submitted for examination.

FACTS:

One of the submitted bed pads has a top layer made of 100

woven cotton fabric, a middle filler made of a felt composed of a

blend of 60 percent polyester and 40 percent viscose fabric with

a light application of latex 25 gr/m, and a bottom layer made of

warp knit vinyl fabric with a backing of 100 percent polyester

tricot. It measures approximately 23 inches by 32 inches.

The other bed pad has the top layer of 100 percent cotton

fabric. In the center is sewn a square of fabric, measuring

approximately 11 inches by 23 inches, containing the middle

filler and bottom layer, made of the same materials as listed

above. This entire bed pad measures approximately 29 inches by

33 inches.

The adult diaper has a top layer of 100 percent cotton

fabric and adjustable snaps. In the center is sewn a square of

fabric, measuring approximately 11 inches by 23 inches,

containing the middle filler and bottom layer.

ISSUE:

Whether the submitted samples are classifiable as articles

specially designed or adapted for the use or benefit of

physically or mentally handicapped persons under subheading

9817.00.96 of the Harmonized Tariff Schedule of the United States

Annotated (HTSUSA)?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in

accordance with the General Rules of Interpretation (GRI\'s),

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.

U.S. Note 4 to Subchapter XVII provides the following:

\(a\) 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.

\(b\) Subheadings 9817.00.92, 9817.00.94 and 9817.00.96 do

not cover \--

\(i\) articles for acute or transient disability;

\(ii\) spectacles, dentures, and cosmetic articles for

individuals not substantially disabled;

\(iii\) therapeutic and diagnostic articles; or

\(iv\) medicine or drugs.

The submitted articles are incontinent care products. We

have previously ruled that a person suffering from chronic

incontinence is physically handicapped as that term is defined in

U.S. Note 4(a) to Subchapter XVII. The submitted merchandise is

durable and well constructed. It is designed for repeated use

over a long period of time, as opposed to disposable incontinent

care products, which have limited use. Therefore, we believe

that the submitted merchandise is designed for those who have

permanent or chronic incontinence. In addition, we have

previously ruled that similar merchandise is classifiable under

subheading 9817.00.96. (See, e.g., Headquarters Ruling Letter

(HRL) 085574, dated April 18, 1990, and HRL 085092, dated May 10,

1990.) Therefore the submitted merchandise is classifiable under

subheading 9817.00.9600, HTSUSA.

HOLDING:

The submitted merchandise is classified under subheading

9817.00.9600, HTSUSA, which provides for articles specially

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

physically or mentally handicapped persons, other. Articles

classifiable under this subheading are free of duty.

Sincerely,

John Durant, Director

Commercial Rulings Division