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