CLA-2 CO:R:C:G 086378 JS
Mr. Gilbert J. Hill
Gilbert J. Hill & Associates
4922 Sheridan Avenue South
Minneapolis, MN 55410
RE: Reconsideration of NYRL 847168
Dear Mr. Hill:
This is in reference to your request for reconsideration of
NYRL 847168 dated December 5, 1989, classifying elbow, wrist,
knee and back warmers under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA).
FACTS:
The subject merchandise are tubular shaped articles made of
43% angora, 18% lambswool, 26% polyamid and 13% elasthan which
forms a fabric of a weft knit construction. They are specially
designed to fit certain body parts, i.e. the wrists, elbows,
knees and back, and are, according to your statements, intended
for use by people afflicted with arthritis or rheumatism.
The manufacturer's literature enclosed with your letter
states that "rheumatoidal and muscular aches, blood related
conditions, kidney and bladder ailments, in addition to all
illness connected to colds can be prevented in a natural way."
The primary purpose of these articles appears to be the
maintenance of localized warmth which in turn would provide
greater comfort. The wool and angora components also act to
absorb perspiration, and the elasticity of the items may in some
cases provide support.
ISSUE:
Whether the merchandise at issue are classifiable in heading
9021 as orthopedic appliances or heading 6117 as other clothing
accessories, HTSUSA.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order. GRI 1 provides that the classification shall be
determined according to the terms of the headings and any
relevant section or chapter notes.
Heading 9021, HTSUSA, provides for orthopedic appliances.
The Explanatory Notes ("EN") constitute the official
interpretation of the tariff at the international level. EN
90.21 states that orthopedic appliances are those which either
prevent or correct bodily deformities, or support or hold organs
following an illness or operation. Various examples are also
listed, none of which are similar in kind or function to the
samples at issue. Although the instant merchandise may be
intended for health benefits for arthritic persons and others,
there is no indication that they prevent or correct any
deformities that may result from arthritis, rheumatism or any
other ailment. Therefore, they are not considered orthopedic
appliances.
HRL 058883 issued March 23, 1979 stated that where an
article is primarily used to provide comfort, or is not
prescribed for the medical treatment of an ailment, then it will
not be classifiable as an orthopedic appliance. Our inspection
of these products and inquiries with medical appliance personnel
further sustain the evidence that such items function to provide
comfort and warmth only, and are not purchased by prescription.
In addition, these items do not have the support mechanisms,
i.e. metal reinforcements, special pads, adjustable springs and
rigid parts, that distinguish the items contemplated by EN 90.21
from other articles that may have medical uses. The items in
consideration may at best be helpful in alleviating some
pressure or swelling; there is no evidence, however, that they
are used to support or hold organs following an illness or
operation. See HRL 081270 issued September 1, 1988 (a support
belt for kidneys, back and stomach, and women's girdles,
classified under a provision for corsets, girdles, brassieres,
and similar supporting garments).
Heading 6117, HTSUSA, provides for other made up clothing
accessories. EN 61.17 states that this heading covers made up
knitted or crocheted clothing accessories, not specified or
included in the preceding headings of this Chapter or elsewhere
in the Nomenclature. Included, inter alia, under part (7), are
kneebands, other than those of heading 95.06 used for sport.
The knee bands at issue are therefore specifically mentioned
by example as clothing accessories. Similarly, the wrist and
elbow bands, as well as the back warmer, are like articles that
cannot be distinguished in function or use by virtue of the
different body parts they are designed for. Thus, each of the
samples at issue are properly classifiable as other clothing
accessories under heading 6117, HTSUSA.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified under subheading 6117.80.0020, HTSUSA, which provides
for other made up clothing accessories, knitted or crocheted;
knitted or crocheted parts of garments or of clothing
accessories: other accessories, of wool, textile category number
459, and dutiable at the rate of 15.5 percent ad valorem.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an issuance
of the U.S. Customs Service which is updated weekly and is
available at your local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importing the merchandise to determine
the current applicability of any import restraints or
requirements.
Sincerely,
Jerry Laderberg, Acting Director
Commercial Operations Division