LA-2-90:RR:NC:MM:105 F84323
Mr. Bernard Adrien
Fritz Starber Inc.
410 St. Nicolas
Bureau 300
Montreal, Quebec Canada H2Y 2P5
RE: The tariff classification of a knee-patella support from Italy.
Dear Mr. Adrien:
In your letter dated March 9, 2000, on behalf of M.I.H. International, Inc., you requested a tariff classification ruling.
Your letter refers to five different models of hinged and un-hinged knee braces and supports. However, only a sample of your knee brace for patella support, model 40, was received. Your sample is being returned separately to you, per you request. If you wish a classification ruling on the other models, you must submit samples of them.
The model 40 is mostly made of elastic fabric. The selling price is apparently 43.50 Canadian $ each. This size extra large is about 12 inches long and about 15 inches in circumference at its lower edge and 22 inches at its upper edge. It can be adjusted all along its length by several dozen elastic cords that are sewn to velcro-like pieces that will secure the ends to the main fabric. There as a separate lining layer of a stretchable, brushed fabric. It has, vertically, on each side of the knee cap, two sets of two, moderately rigid stays, which are each about 4 inches long and 1 inch wide and which are joined by a very flexible metal section that is about 2 inches long. There are two half-doughnuts of rubber or plastics, about .5 inch thick, which will encircle the knee cap. The stays and the half-doughnuts are removable via velcro-like tabs.
The retail packing states the “Indications” for its use are “patella instability, patellais subluxation (partial dislocation, we note), outcome of patellais fracture and/or post operation, senile knee, patellar femur arthrosis.” We cannot find either “patellais” in any dictionary, but we take in .to mean approximately “patellar” . The large print description in English states, “Multi-Function Elastic Knee Bandage with Variable Support.” However, the stays and doughnut, which are not stretchable, seem to be quite important to the patella support here.
There is no indication that it would be used as a preventative item by a healthy person.
The patella is an unusual bone in that it “floats” over other bones, so a great deal of support and stabilization can be supplied to it without immobilizing the knee joint.
You state, “These products are mostly sold to hospitals and specialized orthopedic retailers.” You do not explain where the others are sold, but we do not consider that to be necessary for this item.
We agree that the applicable subheading for your model 40 will be 9021.19.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” orthopedic or fracture appliances. The general rate of duty will be free.
Regarding the four other models, when the samples are available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you (except that relating exclusively to model 40) and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
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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, contact National Import Specialist James Sheridan at 212-637-7037.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division