The classification of a bag from China

N327213 August 17, 2022 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.9100; 9817.00.96 Mr. Robert Leo Meeks, Sheppard, Leo & Pillsbury, LLP 570 Lexington Avenue, Suite 2405 New York, NY 10022 RE: The classification of a bag from China Dear Mr. Leo: In your letter dated July 21, 2022, you requested a ruling on behalf of your client, Respironics, Inc. Photos were submitted in lieu of a sample. The article at issue, item number 1134428, is a bag which you referred to as the “Trilogy EVO Travel Bag.” In your submission, you stated that the bag is constructed with an outer surface of 100% Woolenex, which is a man-made textile material. You also indicated that the outer surface of the bag is not coated with plastic sheeting. You indicated that the bag is specially shaped and designed to provide storage, protection, portability, and organization to the Trilogy EVO series ventilator and accessories. The bag features a zippered closure at the top and one adjustable removable shoulder strap. The Trilogy EVO devices assist people with chronic breathing issues such as to adults, pediatric, and infant patients. The applicable subheading for the bag will be 4202.92.9100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other containers and cases, with outer surface of sheeting of plastics or of textile materials, other, other, with outer surface of textile materials, of man-made fibers (except for jewelry boxes of a kind normally sold at retail with their contents). The general rate of duty will be 17.6 percent ad valorem. You inquired as to whether the case is eligible for secondary classification under subheading 9817.00.96, as an article specially designed or adapted for use by the chronically or permanently disabled or handicapped persons. HTSUS, Chapter 98, Subchapter 17, U.S. Note 4(a), 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 case at issue is similar in form and function to the case described in New York Ruling Letter N172236, July 22, 2011. In that ruling letter, which covered a CPAP machine designed to treat individuals with chronic lung disease and other respiratory afflictions, along with its accompanying carrying case, it was determined that CPAP machines were specially designed and adapted for the benefit of persons suffering from a chronic physical impairment and thus were eligible for secondary classification under HTSUS 9817.00.96. The same held true for the specially designed carrying case that held the CPAP machine when it was imported separately. On that basis, the bag at issue is eligible for secondary classification under subheading 9817.00.96, HTSUS, as specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped (except articles for the blind). It is free of duties and user fees (if applicable). Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 4202.92.9100, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. However, please note that the additional duties imposed by headings 9903.88.01, 9903.88.02, 9903.88.03, 9903.88.04, and 9903.88.15 do not apply to goods for which entry is properly claimed under a provision of chapter 98 of the HTSUS (except for goods entered under headings 9802.00.40, 9802.00.50, 9802.00.60, and 9802.00.80). Accordingly, the merchandise described above is not subject to the additional duties. 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 https://hts.usitc.gov/current. 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 regarding the ruling, contact National Import Specialist Vikki Lazaro at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division