CLA-2 RR:C:SM 560114 DEC
Mr. George W. Thompson
Neville, Peterson & Williams
2300 N Street, N.W.
Washington, D.C. 20037
RE: Eligibility of a reading assistance machine for duty-free
treatment as articles for the handicapped under the Nairobi
Protocol; The "Outlook"; HRL 556449;
T.D. 92-77
Dear Mr. Thompson:
This is in response to your letter dated October 3, 1996, on
behalf of your client, Xerox Corporation (Xerox), in which you seek
a ruling with respect to the eligibility of a reading assistance
machine for duty-free treatment under the Nairobi Protocol.
FACTS:
You state that the Xerox Outlook machine is designed for use
by severely sight-impaired persons. The Outlook machine has a
large television screen which is capable of displaying enlarged
images of written and pictorial material that are transmitted by a
video camera. The black and white monitor and video camera are
attached as one unit and will be capable of magnifying an image
from 5 to 25 times.
In addition, you state that the Outlook machine's yellow
oversized control knobs are easy to see and are spaced far apart to
make them easy to use. The product's dark color serves to minimize
glare and maximize contrast. Xerox Adaptive Technologies will
market the Outlook machine to sight impaired persons. Literature
describing the Outlook machine has been submitted which details how
the product is capable of helping people with vision loss.
ISSUE:
Whether the Outlook machine is eligible for duty-free
treatment pursuant to the Nairobi Protocol.
LAW AND ANALYSIS:
The Nairobi Protocol to the Agreement on the Importation of
Educational, Scientific, and Cultural Materials Act of 1982,
established the duty-free treatment for certain articles for the
handicapped. Presidential Proclamation 5978 and section 1121 of
the Omnibus Trade and Competitive Act of 1988, provided for the
implementation of the Nairobi Protocol into subheadings 9817.00.92,
9817.00.94, and 9817.00.96, Harmonized Tariff Schedule of the
United States ("HTSUS"). These tariff provisions specifically
provide that "[a]rticles specially designed or adapted for the use
or benefit of the blind or other physically or mentally handicapped
persons" are eligible for duty-free treatment.
United States Note 4(a), subchapter XVII, Chapter 98, HTSUS,
("Note 4(a)"), provides 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."
Customs is satisfied that people with severe sight impairment
suffer from a physical impairment within the meaning of Note 4(a).
In addition, for the Outlook machine to be eligible for duty-free
treatment, it must be determined that it is "specially designed or
adapted for the use or benefit of the blind or other physically or
mentally handicapped."
In Headquarters Ruling Letter (HRL) 556449, dated May 5, 1992,
Customs articulated the principle of "probability of general public
use" used in determining whether an article is "specially designed
or adapted" within the meaning of the Nairobi Protocol. The
following factors were considered to be relevant in making this
determination: (1) whether any characteristics are present that
create a substantial probability of use by the chronically
handicapped; (2) whether the article is easily distinguishable from
articles useful to the general public; (3) whether use of the
article by the general public is so improbable that such use would
be fugitive; (4) whether use of the articles by the general public
would be inconvenient; (5) whether articles are imported by
manufacturers or distributors recognized or proven to be involved
in this class or kind of articles for the handicapped; (6) whether
the articles are sold in speciality stores which serve handicapped
individuals; and (7) whether the condition of the articles at the
time of importation indicate that these articles are for the
handicapped. See also T.D. 92-77 (26 Cust. Bull. 1, August 26,
1992).
In evaluating the convenience factor, for example, Customs
found in HRL 556449, dated May 5, 1992, that the use of a fork with
a clamp, whereby individuals place food needed to be cut on the end
of a fork to the side of a plate for one hand cutting, would be
very inconvenient for non-handicapped individuals, and therefore
was considered to be specially designed or adapted for the
handicapped. On the other hand, duty-free treatment was precluded
for a two-handed mug, which was designed with a low center of
gravity and a corresponding top to help reduce spillage, since this
article was commonly used by children and the design was common in
traveling mugs used by the general public.
In the instant case, the Outlook machine is equipped with
various features specifically designed to adapt it for use by
individuals with severe sight impairment, and the manufacturer (and
seller) is a company recognized as providing articles for the
handicapped. The Outlook machine's special features include the
capability to display magnified written and pictorial material on a
large television screen which are transmitted by a video camera.
Also, the Outlook machine's yellow oversized control knobs are easy
to see and are spaced far apart to make them easy to use. The
product's dark color serves to minimize glare and maximize
contrast. While the Outlook machine may be used to magnify images
for non-handicapped individuals, Customs believes such a use would
be an atypical use. The special design features make it highly
unlikely that the Outlook machine would be acquired other than for
the benefit or use of an individual with vision impairment and use
of the Outlook machine by the general public would be inconvenient.
Accordingly, it is our opinion that the Outlook machine is
specifically designed for and will be predominantly used by or for
the benefit of the chronically and permanently handicapped. The
Outlook machine, therefore, will be eligible for duty-free entry
under subheading 9817.00.96.
HOLDING:
The Outlook machine is specifically designed or adapted for
the handicapped. Therefore, it is eligible for duty-free treatment
under subheading 9817.00.96, HTSUS.
A copy of this ruling letter should be attached to the entry
documents filed at the time the goods are entered. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
John Durant, Director
Commercial Rulings Division