CLA-2 CO:R:C:S 556135 SER

Mr. Brian Hewitt
Global Assistive Devices, Inc.
3511 West Commercial Blvd. Suite 226
Fort Lauderdale, FL 33309

RE: Eligibility for duty-free treatment under subheading 9817.00.96, HTSUSA, of alarm clocks specially designed for the hearing impaired, from Hong Kong; parts

Dear Mr. Hewitt:

This is in reference to your letter of June 17, 1991, requesting a ruling on the eligibility for duty-free treatment under subheading 9817.00.96, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of alarm clocks with an auxiliary jack for a "bed shaker", and parts used in the manufacture of the "bed shakers".

FACTS:

The article at issue is an alarm clock, designated as the Global Buddy Model B12, which is an AC-powered table clock incorporating standard alarm clock features. In addition, the clock features an auxiliary jack integrated into the wiring of the alarm system, which is designed for the connection of a "bed shaker". It is this characteristic which distinguishes the clock from standard alarm clocks. The low voltage "bed shaker", which is manufactured in the U.S., is designed to be plugged into the jack at the back of the clock and, at the alarm-set time, a hearing-impaired person can awaken by the vibration caused by the "bed shaker". The alarm clocks are imported by Global Assistive Devices, Inc., which manufactures and distributes devices for the deaf and hearing impaired. The alarm clocks are marketed as devices for the hearing impaired.

ISSUE:

Whether the alarm clocks and parts of the "bed shakers" are specially designed for the use of the handicapped, and, therefore, eligible for duty-free treatment under subheading 9817.00.96, HTSUSA.n

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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 to the Agreement on the Importation of Educational, Scientific, and Cultural Materials (Florence Agreement) into the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Included in this agreement is the duty-free treatment of certain articles for the handicapped, which is provided for in subheadings 9817.00.92, 9817.00.94, and 9817.00.96, HTSUSA. These subheadings specifically state that "articles 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.

U.S. Note 4(a) to subchapter XVII, Chapter 98, HTSUSA, 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." The alarm clocks at issue are for the benefit of individuals who are hearing impaired. Clearly, these individuals are handicapped within the definition provided for in these subheadings.

It is our opinion that the alarm clocks with the special auxiliary jacks are articles specially designed for the use or benefit of the hearing impaired, and, therefore eligible for duty-free treatment under subheading 9817.00.96, HTSUSA. The clock is specially designed to incorporate the "bed shaker", through the auxiliary jack which is integrated into the wiring of clock. When attached to the clock, the "bed shaker" benefits the hearing impaired, who cannot hear the standard noise associated with alarm clocks, by causing vibrations which awaken the hearing-impaired person. In addition, consistent with previous Headquarters Rulings, the clocks are imported by manufacturers and distributors of devices for the deaf and hard of hearing, and the clocks are of the class or kind of article sold in stores who serve the hearing impaired. See, Headquarters Ruling Letter (HRL) 087625 dated November 1, 1990. n -3-

You also inquire whether "parts" used in the manufacture of the "bed shakers" are eligible for duty-free treatment under subheading 9817.00.96, HTSUSA. Customs has previously ruled that subheading 9817.00.96, HTSUSA, applies to "articles" and not "parts" or "accessories" of articles. See, Headquarters Ruling Letters (HRLs) 087559 dated October 9, 1990, and 086303 dated February 13, 1990. The conclusions reached in these rulings were simply a restatement of the well-established principle of Customs law, reiterated by the courts, "that a tariff provision which does not specifically provide for parts does not include parts." Westminster Corp. v. United States, 432 F.Supp. 1055, 1058 (1977), Glass Products, Inc. v. United States, 641 F.Supp. 813, 815 (CIT 1986), Murphy & Co. v. United States, 13 Ct.Cust. Appls. 256, T.D.41201 (1925). Therefore, the parts imported for the manufacture of "bed shakers" are not eligible for duty-free treatment under subheading 9817.00.96, HTSUSA.

HOLDING:

The alarm clocks at issue are specially designed for the use or benefit of individuals with chronic or permanent hearing impairment, and, therefore, are eligible for duty-free treatment under subheading 9817.00.96, HTSUSA. This tariff provision provides duty-free treatment to "articles" specially designed or adapted for the use of the handicapped and not to "parts" of articles. Therefore, the parts imported and used in the manufacture of the "bed shakers" are ineligible for duty-free treatment under this subheading.

Sincerely,

John Durant, Director