CLA-2 CO:R:C:V 555537 SER
Mr. L. Marshall Lindholm
CSP Industries Inc.
Unit #2 - 3551 Viking Way
Richmond, B.C.
Canada, V6V 1W6
RE: Duty-free treatment under subheading 9817.00.96, HTSUSA--
Nairobi Protocol
Dear Mr. Lindholm:
This is in reference to your letter of November 15, 1989, to
the Area Director of Customs in New York, requesting a
classification ruling for specialized walking canes for the blind
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA). Your letter was referred to this office for
a response. We regret the delay.
FACTS:
The products at issue are comprised of two different
walking canes which are used by blind individuals to enable them
to guide themselves while walking. One of the products is the
more basic walking cane; it is lightweight and collapsible. The
other product is also a walking cane, and, in addition to the
normal characteristics, it contains a highly visible, high-
intensity xenon light. The purpose of the light is to draw
attention to the blind individual, and thus, decrease accidents
of those individuals while crossing a street.
ISSUE:
Are the walking canes eligible for duty-free treatment in
the HTSUSA?
LAW AND ANALYSIS:
Presidential Proclamation 5978 and section 1121 of the
Omnibus Trade and Competitiveness Act of 1988 provided for the
implementation of the Nairobi Protocol by the United States into
the HTSUSA. The Nairobi Protocol provides duty-free treatment
for articles specially designed or adapted for the handicapped.
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Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI's), taken in order. GRI 1
provides that "for legal purposes, classification shall be
determined according to the terms of the headings and any
relative section or chapter notes [legal notes]."
The duty-free treatment of articles for the handicapped is
found in heading 9817, HTSUSA, which provides for "[a]rticles
specially designed or adapted for the use or benefit of the blind
or other physically or mentally handicapped persons." U.S. Note
4(a) to subchapter XVII, Chapter 98, states that, "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."
Heading 9817, HTSUSA, establishes a two-part test: (1) the
articles must be of benefit to the blind or other physically or
mentally handicapped, and (2) the articles must be specially
designed or adapted for the use or benefit of these handicapped
individuals. Individuals who are blind are clearly, as provided
in the heading and in U.S. Note 4(a), within the scope of this
heading. In addition, although the walking canes are not
specifically provided for in the subheadings, they are specially
designed for the use by blind individuals, and clearly are
provided for within the broad heading.
U.S. Note 4(b), subchapter XVII, HTSUSA, which establishes
limits on classification of products in this heading states:
(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 walking canes are not precluded from classification in this
heading by any of the enumerated exclusions in the legal note,
and, therefore, are properly classified in heading 9817, HTSUSA.
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An additional analytical tool supporting classification in
heading 9817, HTSUSA, is examination of the Nairobi Protocol
legislation. Annex E(i)(f) of the Protocol explicitly states
that articles for the blind and other handicapped persons
includes "aids for improving the mobility of the blind, such as
electronic orientation and obstacle detection appliances and
white canes" (emphasis added).
HOLDING:
The walking canes are articles specially designed for the
use or benefit of blind individuals, and, therefore, are properly
classified within subheading 9817.00.96, HTSUSA, which provides
for "[a]rticles specially designed or adapted for the use or
benefit of the blind . . .: other." They may be entered duty
free.
Sincerely,
John Durant, Director