The tariff classification of a bed pouch from China

N294132 March 2, 2018 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Mr. Christopher Garcia Kuehne & Nagel Incorporated 7297 South Conway Road, Suite 100 Orlando, Fl 32812 RE: The tariff classification of a bed pouch from China Dear Mr. Garcia: In your letter dated February 6, 2018, you requested a tariff classification ruling on behalf of your client, Essential Medical Supply Incorporated. You submitted photographs of an item called a bed rail pouch, article #P1409. The bed rail pouch is composed of 100 percent polypropylene mesh pockets and includes clips, buckles and hook-and-loop strips to attach the pouch to a bed rail. The bed rail pouch is a storage product used to hold magazines, cell phones and other items for people while they are in bed. The applicable subheading for the bed rail pouch, article #P1409, will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem. Regarding your claim of duty free treatment under 9817.00.96, HTSUS, for the bed rail pouch to be used with a bed rail. The bed rail is fully operational with or without the use of the bed rail pouch. A bed rail prevents the user from rolling off the mattress and the bed pouch is merely an additional item, attached to the bed rail for convenience to store items. On that basis, a secondary classification will not apply for this item in 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), We believe that it is very unlikely that the bed rail pouch’s design is "specially designed or adapted" for the use or benefit of handicapped persons, any person with a permanent or chronic disability, as that term is used in HTSUS Chapter 98, Subchapter 17, and U.S. Note 4. The bed rail pouch does not distinguish itself in any way from a bed rail pouch useful to non-handicapped people. 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 the 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 Adleasia Lonesome via email at adleasia.a.lonesome@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division