The tariff classification of a carrying bag from China

N193290 December 13, 2011 CLA-2-42:OT:RR:NC:N4:441 Angela M. Santos Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP 399 Park Avenue 25th Floor New York, NY 10022-4877 RE: The tariff classification of a carrying bag from China Dear Ms. Santos: We are returning your request for a ruling and any related samples, exhibits, etc. We need additional information in order to issue a ruling. You specifically ask about a possible (secondary) classification of style 8215 under HTSUS 9817.00.96 as articles for the handicapped. You state that it is a Urine Drainage Bag Holder. However, you have not established that your items were designed for those with a permanent or chronic incapacity, as opposed to an acute, but often transient, disability, e.g., urine retention or a body chemistry imbalance requiring catheterization to collect all urine for analysis. See HTSUS, Chapter 98, Subchapter 17, U.S. Note 4-b-i. All urine catheterizations require a drainage bag, the patients routinely need to “travel,” at minimum, within a health care facility, and any non-transparent bag would be more “discreet” for the patient, whatever the reason for the drainage bag. The use of incontinence underwear appears to be a more common method of dealing with chronic or permanent incontinence as in Headquarters Ruling Letter 560278, October 7, 1997. Please submit the information described below: Please provide copies of any advertising prepared for this product, including its packaging and any literature that will be included in it if they provide any description. What is the approximate percent of sales which you expect for this product to be to hospitals as opposed to longer care facilities (in general, those not covered by Medicare)? What is the purpose of the small, Velcro-like tab on the middle of the outside edge of the bag? What features, if any, distinguish this product from a holder that would be useful for a patient suffering from an acute or transient condition as opposed to one whose condition is permanent or chronic? Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. 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 on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs 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 specifically regarding the additional information required concerning HTSUS 9817.00.96, contact National Import Specialist J. Sheridan at (646) 733-3012. For information on classification within Heading 4202 please contact National Import Specialist Vikki Lazaro at (646)733-3041. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division