HQ 085407: Inserts for Adult Briefs

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 085407

                                   November 30, 1989


            CLA-2 CO:R:C:G 085407 JLJ 842297

            CATEGORY: Classification

            TARIFF NO.: 6307.90.9050

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

            RE:  Inserts for Adult Briefs

            Dear Ms. Williams:

                 You requested a reconsideration of New York letter 842297
            of July 10, 1989, on behalf of your client, Med-I-Pant Inc.
            That letter held that inserts for adult briefs made in Canada
            were not eligible for duty-free entry under the provision for
            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, Harmonized Tariff Schedule of
            the United States Annotated (HTSUSA).

            FACTS:

                 Five types of inserts for adult briefs are involved.
            Styles 730M and 730SP, Adult Brief Inserts, are made of 90
            percent cotton and 10 percent man-made textile fabric and 100
            percent cotton woven fabric, respectively.  Style 730M measures
            approximately 19 inches long by 16 inches wide.  Style 730SP
            measures approximately 21 inches long by 14 inches wide.  Extra
            layers of woven fabric are sewn down the center length of the
            articles.

                 Styles 711-XS, 711 and 711-T, Med-I-Liner Inserts, are
            made of three layers of fabric and measure approximately 15-
            3/16 inches long by 6-1/2 inches wide, 25-1/2 inches long by 8-
            1/8 inches wide, and 21-13/16 inches long by 10-1/2 inches
            wide, respectively.  All three styles are 60 percent polyester,
            30 percent vinyl and 10 percent cotton.


















                                          -2-


                 New York letter 842297 rejected the possibility of
            classifying these articles in subheading 9817.00.96, HTSUSA,
            because they had no design features dedicating them for use by
            permanantly or chronically disabled people.  All five inserts
            were classified under the provision for other made up articles
            of textile materials, other, other, other, in subheading
            6307.90.9050, HTSUSA.

            ISSUE:

                 Are the inserts for adult briefs 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?

            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, 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 with incontinence and should be
            classified in subheading 9817.00.96, HTSUSA.

                 In a brochure put out by your client entitled Med-I-Pant
            In-Service Manual, the following information appears under a
            section called "The Myths and Facts of Incontinence:"

                       *        *          *       *

                 Myth-- Incontinent people are feeble and
                        unable to live normal lives.

                 Fact-- Many incontinent people are otherwise
                        healthy, both physically and mentally,
                        and lead productive, active lives.

                      *         *          *         *

















                                          -3-


                 Myth--Incontinent people are mentally
                       retarded.

                 Fact--Because retardation is sometimes part
                       of the condition which causes incontinence,
                       there are those people who are incontinent
                       and are also mentally retarded.  However,
                       many intelligent, active people are
                       incontinent due to physical reasons
                       alone.  These people are business
                       professionals, homemakers and those active
                       in community affairs.  Incontinence does
                       not mean incompetence.

                 Incontinent people are unable to control certain bodily
            functions.  While the inserts for adult briefs would help
            incontinent people, we see no absolute correlation between
            being mentally or physically handicapped and being incontinent.
            As the brochure cited states, 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, is
            inappropriate for the inserts for adult briefs inasmuch as they
            are neither specially designed nor adapted for handicapped
            people.

                 All five inserts are classifiable under the provision for
            other made up articles of textile materials, in subheading
            6307.90.9050, HTSUSA, dutiable at the rate of 7 percent ad
            valorem.  Merchandise originating in Canada and classifiable in
            this subheading is eligible for a 6.3 percent duty rate under
            the United States-Canada Free Trade Agreement if all applicable
            regulations are met.

            HOLDING:

                 The inserts for adult briefs are not eligible for
            classification in subheading 9817.00.96, HTSUSA.  The inserts
            are classified in subheading 6307.90.9050, HTSUSA.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division














            6 cc: Area Dir., N.Y. Seaport (NIS-353-255)
            1 cc: Port Dir., Champlain, N.Y.
            T.jones library/peh
            085407JLJ