CLA-2-94:S:N:N6:349 810741
Mr. Laurence E. Capauano
Zecron Textiles, Inc.
76 Congress Street
Brooklyn, NY 11201
RE: The tariff classification of a bed pad, containment pad and
an underpad from China and Pakistan.
Dear Mr. Capauano:
In your letter dated May 16, 1995 you requested a
classification ruling.
You have submitted representative samples of a bed pad,
containment pad and an underpad. These pads are designed to be
used on beds or wheelchairs by physically handicapped individuals
suffering from chronic incontinence. They will be made in
different sizes including 24 x 36 inches, 27 x 36 inches, 30 x 36
inches and 36 x 36 inches. The pads consist of an outer shell of
vinyl laminated knit polyester fabric, an interlining of 70
percent polyester and 30 percent rayon non-woven fabric and a 100
percent cotton woven fabric lining.
The applicable subheading for the pads will be 9404.90.9555,
Harmonized Tariff Schedule of the United States (HTS), which
provides for mattress supports; articles of bedding and similar
furnishing (for example, mattresses, quilts, eiderdowns,
cushions, pouffes and pillows) fitted with springs or stuffed or
internally fitted with any material or of cellular rubber or
plastics, whether or not covered: other: other: other: other...
of man-made fibers. The duty rate will be 13.8 percent ad
valorem.
The bed pad, containment pad and an underpad fall within
textile category designation 666. Based upon international
textile trade agreements products of China are subject to quota
and the requirement of a visa. Products of Pakistan are subject
to the requirement of a visa.
The designated textile and apparel categories may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
Based on material and construction, we believe the
articles are intended for the chronically incontinent. They are
therefore eligible for free entry under subheading 9817.00.96,
HTS, which provides for articles specifically designed or adapted
for the use or benefit of the blind or other physically or
mentally handicapped persons... other. All applicable entry
requirements must be met including the filing of form ITA-362P.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. 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,
Jean F. Maguire
Area Director
New York Seaport