CLA-2 CO:R:C:M 088503 CMS
Ms. Evelyn Appel-Schaefer
Air Import Manager
James J. Boyle & Co.
7820 North East Holman #B-9
Portland, OR 97218
RE: GEWA Model 7506 Speech Synthesizer; Converter Of Digital
Data Generated By Typing Characters On A Keyboard
To Analog Data Output As Synthesized Voice Sounds;
Handicapped; Hearing Impaired; Physically Disabled;
Speech Defects; Polycom
Dear Ms. Appel-Schaefer:
Your request on behalf of Zygo Industries, Inc., dated
January 3, 1991, for a classification ruling on the GEWA Model
7506 Speech Synthesizer has been referred by the Regional
Commissioner of Customs, New York to Customs Headquarters for a
reply.
FACTS:
The merchandise consists of the GEWA Model 7506 Speech
Synthesizer. The device is used by persons who have speech
defects or are otherwise physically handicapped. The Speech
Synthesizer converts digital data generated when characters are
typed on a keyboard, to analog data which is output as
synthesized voice sounds. The Speech synthesizer is designed as
an attachment to another GEWA product described as the Polycom.
ISSUE:
Is the merchandise classified in 9817.00.96, HTSUSA, as
articles specially designed or adapted for the use or benefit of
the blind or other physically or mentally handicapped persons, or
in an applicable Heading in Chapters 1-97?
-2-
LAW AND ANALYSIS:
Classification of goods under the Harmonized Tariff
Schedules of the United States Annotated (HTSUSA) is governed by
the General Rules of Interpretation (GRI's). GRI 1 states in
pertinent part that "...classification shall be determined
according to the terms of the headings and any relative section
or chapter notes...".
Heading 9817 describes articles specially designed or
adapted for the use or benefit of the blind or other physically
or mentally handicapped persons. Chapter 98, Subchapter XVII
Note 4(a) provides in part that the term "blind or other
physically or mentally handicapped persons" includes persons
suffering from impairments which substantially limit one or more
major life activity, including speaking, hearing or seeing. The
apparatus is not subject to one of the exclusions from Heading
9817 provided in Chapter 98, Subchapter XVII Note 4(b).
The GEWA Model 7506 Speech Synthesizer is specially designed
for use by the physically handicapped, and is described in
Heading 9817. The merchandise is classified in 9817.00.96,
HTSUSA.
HOLDING:
The GEWA Model 7506 Speech Synthesizer is classified as
articles specially designed or adapted for the use or benefit of
the blind or other physically or mentally handicapped persons,
other, in 9817.00.96, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division