HQ 085016: Adult brief

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 085016

                                 September 19, 1989


          CLA-2 CO:R:C:G 085016 JLJ, 842548

          CATEGORY: Classification

          TARIFF NO.: 6211.43.0090

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

          RE: Adult brief

          Dear Ms. Williams:

               You requested a tariff classification under the Harmonized
          Tariff Schedule of the United States Annotated (HTSUSA) for an
          adult brief manufactured in Canada by your client, Textiles
          Absorb-Plus Inc. of Quebec, Canada.  You suggest 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.  You submitted a
          sample and descriptive literature.

          FACTS:

               The adult brief, Style 2105, is similar to underpants which
          snap on.  It has an elasticized waistband and leg openings with
          adjustable side snaps.  The brief contains an insert to contain
          urine and feces from incontinent patients.  The brief is made of
          one layer of 80 percent cotton and 20 percent polyester, several
          layers of 60 percent polyester and 40 percent rayon felt, and a
          layer of 100 percent polyester knit backing, laminated to vinyl.

          ISSUE:

               Is the adult brief 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?

          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













                                         -2-


          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 merchandise is specially designed
          for use by 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 concludes that this product
          is used only by mentally or physically handicapped people or by
          old people.

               Incontinent people are unable to control their bodily
          functions.  While the adult briefs 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 itself is not a physical handicap;
          therefore classification in subheading 9817.00.96, HTSUSA, must
          be denied for the adult brief inasmuch as it is neither specially
          designed nor adapted for handicapped people.

               The adult brief is classifiable under the provision for
          other garments, women's or girls: of man-made fibers: other, in
          subheading 6211.43.0090, HTSUSA, dutiable at the rate of 17
          percent ad valorem.  Articles classified in this subheading are
          subject to textile category number 659.  Articles originating in
          Canada and classified in this subheading are eligible for a duty
          rate of 15.3 percent ad valorem under the United States-Canada
          Free Trade Agreement (CFTA) if all applicable regulations are
          met.

          HOLDING:

               The adult brief is classified in subheading 6211.43.0090,
          HTSUSA.  Since it is manufactured in Canada, it is eligible for
          the reduced duty rate under the CFTA.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division













          JLJohnson:tj:typed 07/26/89
          Jones Library
          name: 085016JLJ
          6cc: A.D. N.Y. Seap. (NIS-353)
          1cc: P.D. Champlain, N.Y.
          1cc: P.D. Norton, Vermont
          1cc: CITA