CLA-2 RR:CR:TE 965110 BAS
Cecilia Castellanos
Executive Vice President
Western Overseas Corporation
Customs Brokers
2490 E. Oakton Street
Arlington Heights, Illinois 60005
RE: Classification of Elbow, Wrist, Ankle, Knee Sleeves and Back Support
Dear Ms. Castellanos:
This is in reply to your letter, dated June 5, 2001, on behalf of
Pro Orthopedic Devices, Inc., requesting a ruling on the classification of neoprene sports braces. You submitted a sample of the elbow sleeve, wrist sleeve, ankle sleeve, knee sleeve and back support to aid us in our determination.
FACTS:
The merchandise under consideration includes five articles used for support of different parts of the body: an elbow sleeve, a wrist sleeve, an ankle sleeve, a knee sleeve and a back support.
The first item, designated as an elbow sleeve, item number
S4100-1, is a tubular product made from a 75% neoprene rubber and 25% nylon/spandex knit fabric. The fabric is cut to shape and strips with hook-and-loop type fasteners are sewn to the outside of the article. These strips act as a mechanism for adjusting the fit of the sleeve after it is wrapped around the elbow. This item measures approximately 8.25 inches long and 11.75 inches wide when laying flat. It is designed to support the elbow and prevent injury during vigorous physical activity such as participating in various sports. It depends on the elasticity of the fabric to support the elbow.
The wrist sleeve, designated as item 760-S, is a long rectangular strip of fabric with rounded edges. It has a slight bend three quarters of the way down where there is thumbhole. It measures approximately 18 inches long by 3.25 inches wide when laying flat. It is also constructed from 75% neoprene rubber and 25% nylon spandex fabric. A hook and loop closure has been sewn to one end to facilitate support of the wrist while participating in sports. The wrist sleeve depends entirely on the fabric’s elasticity for support.
The ankle sleeve, designated as item S 4500-1, is constructed from 75% neoprene rubber and 25% nylon spandex material. The fabric features two woven elasticized straps with hook-and-loop closures to facilitate its attachment to the ankle. In addition to the two woven straps, the body of the ankle sleeve has two hook and loop closures on the front for support. The back of the ankle sleeve has a hole for the heel. The ankle sleeve is approximately 7.75 inches long by 9.75 inches wide at its widest point. The elasticity of the ankle sleeve’s fabric provides its support.
The knee sleeve, designated as item S 4700-1, is a knee support constructed by sewing together two panels of a 75% neoprene rubber, 25% nylon spandex material. The brace features four woven adjustable straps with hook and loop closures. The body of the brace is cut into two large wide straps, which meet on the back of the knee and are secured by hook and loop closures. It measures 10 inches long and 15 inches wide at its widest section.
The back support, designated as item E-60, is a long rectangular piece of fabric with a rectangular hook and loop closure strip sewn on the end. It is constructed from a knit fabric laminated to a layer of cellular rubber and measures 7 inches x 38.25 inches. The back support consists of 78% rubber and 22% nylon/spandex.
All five braces bear the name “Pro,” inside a diamond shape with a trademark symbol.
ISSUE:
Whether the braces/supports are classifiable under Heading 9021, HTSUSA, as orthopedic appliances; Heading 9506, HTSUSA, as other sports equipment; Heading 4015, as apparel and clothing accessories of vulcanized rubber; Heading 4016, as other articles of vulcanized rubber; Heading 6212, HTSUSA, as body supporting garments or under Heading 6307, HTSUSA, as other made-up textile articles?
LAW AND ANALYSIS:
The classification of substantially similar merchandise was addressed in HQ 963534, dated August 29, 2001. The elbow, wrist, ankle, and knee sleeves are substantially similar in construction and function to the wrist sleeve and elbow support classified in HQ 963534. In HQ 963534, it was determined that the wrist sleeve and elbow support were properly classified in subheading subheading 6307.90.9989, HTSUSA which provides for “Other made up articles, including dress patterns; Other; Other: Other: Other: Other.” The back support at issue is substantially similar in construction and function to the elbow sleeve classified in HQ 963534. The elbow sleeve in HQ 963534 was properly classified in subheading 4016.10.0000, HTSUSA, which provides for “Other articles of vulcanized rubber other than hard rubber: Of cellular rubber.” Attached you will find the above-cited ruling letter for your reference. As the subject merchandise is substantially similar to the merchandise addressed in the aforementioned ruling, the merchandise would be classified accordingly.
Please note, effective January 10, 2002, subheading 6307.90.9989, HTSUSA, was changed to 6307.90.9889, HTSUSA, as indicated in the 2002 Harmonized Tariff Schedule of the United States, which is published by the International Trade Commission.
HOLDING:
The elbow sleeve, item number S 4100-1; wrist sleeve, item
760-S: ankle sleeve, item S 4500-1; and knee sleeve, item S 4700-1 are properly classified in subheading 6307.90.9889, HTSUSA, which provides for “Other made up articles, including dress patterns; Other; Other: Other: Other: Other.” The general column one rate of duty is 7 percent ad valorem. There currently is no textile quota category applicable to this provision.
The back support designated as item E-60 is properly classified in subheading 4016.10.0000, HTSUSA, which provides for “Other articles of vulcanized rubber other than hard rubber: Of cellular rubber.” The general
column one rate of duty is “Free.”
Should you have any questions or require additional information, please do not hesitate to call us at such time.
Sincerely,
John Durant, Director
Commercial Rulings Division