CLA-2-61:OT:RR:NC:N1:358
Leah Saik
Little Hippy Co.
2531 Bentall Drive
Kamloops BC V1S 2B2
Canada
RE: The tariff classification of adaptive infant garments from Canada
Dear Ms. Saik:
In your letter dated November 20, 2025, you requested a tariff classification ruling.
Item 1, identified as “Hip Dysplasia Pajama Loungers,” is a one-piece infant garment constructed of 66%
rayon, 28% cotton and 6% Spandex knit fabric. The unisex garment features an expanded torso and shoulder
width specifically shaped to accommodate the thick structured straps of a Pavlik Harness and to prevent any
fabric interference or compression around the device. The lower portion of the garment incorporates
extra-wide leg geometry, engineered to fit the external dimensions and bulk of orthopedic braces and casts
and to maintain the infant’s medically required leg position without causing pressure, shifting, or
interference. A full-length snap system extends from the neckline down the center of the torso and along the
inseams, enabling full dressing, undressing, diapering and clinical inspection while the infant remains
immobilized in the orthopedic design. The garment will be imported in sizes 0-3 Months, 3-6 Months and 6-9
Months.
Item 2, identified as “Hip Dysplasia Pants,” is a pair of pull-on infant pants constructed of 66% rayon, 28%
cotton and 6% Spandex knit fabric. The pants feature an engineered, extra wide silhouette that extends
significantly across the hip, thigh, and leg areas, allowing the garment to fit the rigid external dimensions of a
Pavlik Harness, Abduction Brace, Rhino Brace or Spica Cast. The crotch is lowered and broadened in a
manner that accommodates the medically prescribed abducted leg position and prevents any upward tension
or fabric pressure against the device or the infant’s hips. Along the underside of one or both pant legs, the
garment incorporates a series of strategically positioned snap closures that permit access to diapering and
dressing without manipulating or lifting the infant’s legs or disturbing the orthopedic apparatus. The garment
will be imported in sizes 0-3 Months, 3-6 Months and 6-9 Months.
The applicable subheading for the pajama loungers will be 6111.90.5070, Harmonized Tariff Schedule,
(HTSUS), which provides for “Babies’ garments and clothing accessories, knitted or crocheted: Of artificial
fibers: Other: Other: Other.” The general rate of duty will be 14.9 percent ad valorem.
The applicable subheading for the trousers will be 6111.90.1000, HTSUS, which provides for “Babies’
garments and clothing accessories, knitted or crocheted: Of artificial fibers: Trousers, breeches and shorts,
except those imported as parts of sets.” The general rate of duty will be 14.9 percent ad valorem.
Regarding your claim for duty-free treatment under 9817.00.96, HTSUS, which provides, in relevant part, for
“articles specially designed or adapted for the use or benefit of the blind or other physically or mentally
handicapped persons.” Note 4(a) to Chapter 98, HTSUS, states that for purposes of subheadings 9817.00.92,
9817.00.94, and 9817.00.96, 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.
In determining whether merchandise meets this statutory standard, CBP evaluates whether an article is
“specially designed or adapted” for the use or benefit of such individuals by applying the analytical
framework articulated in Sigvaris, Inc. v. United States, 227 F. Supp 3d 1327, 1336 (Ct. Int’l Trade 2017),
aff’d, 899 F.3d 1308 (Fed. Cir. 2018), in which the U.S. Court of International Trade (CIT) explained that
“specially” means “to an extent greater than in other cases or towards others” and “designed” means
something that is “done, performed, or made with purpose and intent often despite an appearance of being
accidental, spontaneous, or natural.” Under Sigvaris, the focus is on whether the physical properties, design
features, marketing and overall character of the merchandise demonstrate that it is intended for the use or
benefit of a specific class of physically handicapped persons to a greater extent than for the general public.
Here you indicate that the structural characteristics of both garments, specifically their extreme width,
distinctive geometry and the placement of functional snap closures, exist solely to accommodate the physical
limitations imposed by the orthopedic devices used in the treatment of Developmental Dysplasia of the Hip
(DDH) and result in garments that are not suitable for general infant use. You further state that the garments
are marketed exclusively to parents and caregivers of infants undergoing DDH therapy and are not positioned
as general use sleepwear or clothing. We find that the garments are designed with physical properties that are
unique to the needs of this impaired population, and that their specialized characteristics serve little to no
utility to non-handicapped infants.
For these reasons, and in accordance with Headquarters Ruling Letter H292346, dated June 29, 2018, we find
that the Hip Dysplasia pajama loungers and pants are eligible for duty-free treatment under 9817.00.96,
HTSUS.
The tariffs and additional duties cited above are current as of this ruling’s issuance. Duty rates are provided
for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying
duty rates are provided at https://hts.usitc.gov/.
This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other
charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other
duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the
classification stated above, the merchandise covered by this ruling may also need to be reported with either
the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions
covering exceptions to such tariffs.
For further information to assist with the importation process, please refer to the frequently updated Cargo
Systems Messaging Service (CSMS) messages at
https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and Frequently Asked Questions on
the Trade Remedy/IEEPA page at
https://www.cbp.gov/trade/programs-administration/trade-remedies/IEEPA-FAQ.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents
filed at the time this merchandise is imported. If you have any questions regarding the ruling, please contact
National Import Specialist Katherine Souffront at [email protected].
Sincerely,
(for)
Evan Conceicao
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division