HQ 085007: Adult bib and adult diaper

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 085007

                                    October 5, 1989


            CLA-2 CO:R:C:G  085007 jlj 842547

            CATEGORY: Classification

            TARIFF NO.: 6117.80.0010; 6211.42.0080

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

            RE:  Adult bib and adult diaper

            Dear Ms. Williams:

                 You requested tariff classifications under the Harmonized
            Tariff Schedule of the United States Annotated (HTSUSA) for an
            adult bib and an adult diaper manufactured in Canada by your
            client, Textiles Absorb-Plus, Inc., of Quebec, Canada.  You
            submitted descriptive literature and samples of both items.
            You suggest classification as articles specially designed or
            adapted for the use or benefit of physically or mentally
            handicapped persons other than the blind, in subheading
            9817.00.96, HTSUSA.

            FACTS:

                 The adult bib, style 7006, is made of a front layer of 100
            percent cotton terry cloth, a middle layer of vinyl, and a back
            layer of 100 percent woven polyester.

            ISSUE:

                 Are the adult diaper and adult bib eligible for
            classification as articles specially designed or adapted for
            the use or benefit of physically or mentally handicapped
            persons other than the blind in subheading 9817.00.96, HTSUSA?






















                                          -2-


            LAW AND ANALYSIS:

                 Presidential Proclamation 5978 of May 12, l989, provided
            for certain duty-free provisions in the HTSUSA which gave
            effect to the Nairobi Protocol (S. Treaty Doc. 97-2).
            Subheading 9817.00.96, HTSUSA, was one of these provisions.  It
            provides for other articles specially designed or adapted for
            the use or benefit of physically or mentally handicapped
            persons other than the blind.

                 You argue that the instant merhandise is specially
            designed for use by handicapped people who are unable to care
            for themselves.  You do not identify any special design
            features.

                 Your client's president argues that incontinence is a
            problem for a great majority of mentally handicapped,
            physically handicapped and old age patients.  He adds that
            incontinent patients will also require bibs to protect
            themselves when drinking liquids or eating, because they have
            poor stability.  He concludes that the products are used only
            by mentally or physically handicapped people or by old people.

                 Incontinent people are unable to control their bodily
            functions.  While the adult diapers would help incontinent
            people, we see no absolute correlation between being mentally
            or physically handicapped and being incontinent.  It is quite
            possible to be incontinent and to be healthy in every other
            way.  Incontinence in and of itelf is not a physical handicap;
            therefore, classification in subheading 9817.00.96, HTSUSA,
            must be denied for the adult diaper inasmuch as it is neither
            specially designed nor adapted for handicapped people.

                 We find the same difficulty with the adult bib.  While
            some mentally and physically handicapped people may need such
            bibs because they are unable to feed themselves, other people
            who are only incapacitated temporarily (such as patients with
            broken arms) may also need such bibs.  We find no evidence that
            the adult bib is specially designed or adapted for the use or
            benefit of physically or mentally handicapped persons;
            therefore, classification in subheading 9817.00.96, HTSUSA,
            must be denied for the adult bib.



















                                          -3-


                 The adult bib is classifiable under the provision for
            other made up clothing acccesories, knitted or crocheted: other
            accessories: of cotton, in subheading 6117.80.0010, HTSUSA,
            dutiable at the rate of 15.5 percent ad valorem.  Articles
            classified in this subheading are subject to textile category
            359.  Articles originating in Canada and classified in this
            subheading are eligible for a duty rate of 13.9 percent ad
            valorem under the United States-Canada Free Trade Agreement
            (CFTA) if all applicable regulations are met.

                 The adult diaper is classifiable under the provision for
            other garments: other garments, women's or girls': of cotton:
            other, in subheading 6211.42.0080, HTSUSA, dutiable at the rate
            of 8.6 percent ad valorem.  Articles classified in this
            subheading are subject to textile category 359.  Articles
            originating in Canada and classified in this subheading are
            eligible for a duty rate of 7.7 percent ad valorem under the
            CFTA if all applicable regulations are met.

            HOLDING:

                 Neither the adult diaper nor the adult bib is eligible for
            classification in subheading 9817.00.96, HTSUSA.  The adult bib
            is classified in subheading 6117.80.0010, HTSUSA.  The adult
            diaper is classified in subheading 6211.42.0080, HTSUSA.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division




























            6cc: A.D., N.Y. Seaport (NIS-353)
            1cc: P.D., Champlain, N.Y.
            1cc: P D.,Norton, Vermont
            1 cc: CITA
            jones lib/typed peh
            085007jlj