HQ 0087625 - Reconsideration of New York Ruling Letter 853939; combination alarm clock and light designed for use by the deaf or hearing impaired; articles specially designed or adapted for use by the physically disabled or handicapped. - United States International Trade Commision Rulings

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HQ 087625

November 1, 1990

CLA-2 CO:R:C:G 087625 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.11.40, 9817.00.96

Mr. Brian Hewitt
Global Assistive Devices, Inc.
3511 West Commercial Boulevard, Suite 219 Fort Lauderdale, FL 33309

RE: Reconsideration of New York Ruling Letter 853939; combination alarm clock and light designed for use by the deaf or hearing impaired; articles specially designed or adapted for use by the physically disabled or handicapped.

Dear Mr. Hewitt:

This is in response to your July 27, 1990, request for a reconsideration of New York Ruling Letter 853939 ("NY 853939"), dated June 29, 1990, which concerned a certain combination alarm clock lamp.

FACTS:

The article in question is the model 5502D alarm clock/lamp. The alarm clock/lamp is manufactured by Cosmo Electronics and imported from Hong Kong. The unit combines a solid-state electronic alarm clock that has an opto-electronic display with a halogen table/reading lamp. The alarm clock features a user- selected wake-up mode that provides a choice or an audible alarm or an audible alarm together with a flashing light. An auxiliary jack is provided to connect the alarm clock/light to an optional "bedshaker". The "bedshaker" is not imported with the alarm clock/lamp.

NY 853939 classified the alarm clock/lamp in subheading 9105.11.40, Harmonized Tariff Schedule United States Annotated ("HTSUSA"), as "Other clocks...Alarm clocks...Battery or AC powered...With opto-electronic display only..." You do not contest this classification. However, you believe that the alarm clock/lamp should be further classified in heading 9817.00.96, HTSUSA, as "Articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped person...Other..." This additional classification would grant the alarm clock/lamp duty-free entry.

ISSUE:

Whether the model 5502D alarm clock/lamp is an article specially designed for use by physically disabled persons so to be classified in heading 9817.00.96.

LAW AND ANALYSIS:

Heading 9817.00.96 is found within Subchapter XVII, HTSUSA. Subchapter XVII, U.S. Note 4(a) states that "physically handicapped" includes permanent or chronic impairment of one's hearing. Therefore, articles specifically designed or adapted for the use by persons who have chronic or permanent impairment of their hearing would be included in heading 9817.00.96.

It is the opinion of this office that the alarm clock/lamp in question is specially designed for use by the hearing impaired. The clock is designed to wake up a person by use of an audible alarm. Should the sleeper not be able to hear the audible noise, the blinking light may be used. In cases where the blinking light is insufficient to wake the sleeper, the "bedshaker" may be added to the alarm clock to vibrate the bed or pillow. These additional features are not normally found on a typical alarm clock.

The model 5502D alarm clock/lamp is of the class or kind of alarm clock sold in stores who serve the hearing impaired. The sale price for similar combination alarm clocks range from $40 to $125, a much higher price than an alarm clock for those with normal hearing ability. That the clock may be used by one with complete faculties does not mean that it was designed with that person in mind. For example, "talking books" may be used by anyone, but they were designed for those who are visually impaired.

HOLDING:

The model 5502D alarm clock/lamp is an article specially designed for the use or benefit by those with chronic or permanent hearing impairment. The alarm clock/lamp is properly classified in heading 9817.00.96 and is eligible for duty-free entry.

NY 853939 is hereby modified in accordance with Customs Regulation 177.9(d), 19 C.F.R. 177.9(d).

Sincerely,

John Durant, Director
Commercial Rulings Division

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