HQ 085017: Classification of an adult bib

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 085017

                                    July 31, 1989


          CLA-2 CO:R:C:G: 085017 jlj 842248

          CATEGORY: Classification

          TARIFF NO.: 6217.10.0010

          Mr. G.M. Columbe
          A. N. Deringer, Inc.
          30 West Service Road
          Champlain, New York  12919-9703

          RE: Classification of an adult bib

          Dear Mr. Columbe:

                You requested tariff classifications under the Harmonized
          Tariff Schedule of the United States Annotated (HTSUSA) for an
          adult bib and an adult apron manufactured in Canada by your
          client Med-I-Pant, Inc. of Quebec, Canada.  You submitted a
          letter from the manufacturer and a sample of the bib.  No sample
          of the apron was received in this office.  Unfortunately, we are
          unable to classify the apron without a sample.  You suggest
          classification of the instant merchandise 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 108, has snaps at the neck and is
          large enough to cover an adult torso.  It is made of 50 percent
          cotton, 30 percent vinyl and 20 percent polyester.

          ISSUE:

                Is the adult bib eligible for classification as an article
          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, 1989, 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, is 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.

                Your client's controller argues that the adult bibs are
          used to protect hospital and nursing home residents' clothing and
          to prevent scalding from the spilling of hot fluids.  She argues
          that they facilitate a patient's life and help those who are
          suffering from a physical or mental impairment and can no longer
          take care of themselves.

                While some mentally or physically handicapped people may
          need such bibs because they are unable to feed themselves, other
          people who are only temporarily incapacitated (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.

                The adult bib is classifiable under the provision for other
          made up clothing accessories: accessories: of cotton, in
          subheading 6217.10.0010, HTSUSA, dutiable at the rate of 15.5
          percent ad valorem.  Textile category 359 applies to merchandise
          classified in this subheading.  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 if all applicable regulations are met.

          HOLDING:

                The adult bib is classified in subheading 6217.10.0010,
          HTSUSA.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division














          6 cc: A.D., N.Y. Seaport(NIS-353)
          1 CC: D.D., Alexandria Bay, N.Y.
          1 cc: D.D., Champlain, N.Y.
          1 cc: D.D., Highgate Springs, Vermont.cahill library 085017T
          Jones Library/peh 085017