CLA-2 RR:CR:TE 963534 BAS
Loretta Sanchez
Port Director
Los Angeles International Airport
11099 South Cianega Blvd.
Los Angeles, California 90045
RE: Decision on Application for Further Review of Protest No. 2704-99-102323
Dear Ms. Sanchez:
This is in reply to the application for further review of Protest No. 2704-99-102323, dated August 26, 1999, on behalf of Pro Line Pacific. You submitted a sample of the Knee Brace, Patella Stabilizer, Wrist Brace, Wrist Sleeve, Elbow Support and Elbow Sleeve to aid us in our determination.
FACTS:
The merchandise under consideration includes six articles used for the support or protection of different parts of the body: two types of knee braces, two types of wrist braces and two elbow supports.
The Knee Brace, Patella Stabilizer, Wrist Brace, Wrist Sleeve, Elbow Support and Elbow Sleeve were entered as “other gym/sports equipment; parts and accessories” under Heading 9506.99.6080. The entry liquidated based upon a Notice of Action issued which changed the classification to “other made up textile articles” as provided for by Heading 6307.90.9989. The protestant contends that the items are properly classifiable under Heading 9506, HTSUSA.
The first item, designated as Wrist Sleeve, item number B400, is an appliance made from a fabric constructed by laminating knit fabric on both sides of cellular rubber. This fabric is then cut to shape and strips with hook-and-loop type fasteners 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 wrist. This item measures approximately 7.25 inches long by 4 inches wide. It is designed to support the wrist joint and prevent injury during vigorous physical activity such as participating in various sports. It depends on the elasticity of the laminated fabric with the rubber core to support the wrist joint, although it does have non-elastic adjusting straps to tighten the wrist sleeve for additional support.
The Elbow Sleeve, designated as item B14, is a tubular product measuring approximately 10 inches long by 3 inches in diameter. It is constructed from a knit fabric laminated to a layer of cellular rubber. The sleeve has been formed by hemming opposite edges of a rectangular section of the laminated product, forming the tubular sleeve. The fabric covered side forms the interior of the tube and functions to facilitate pulling the sleeve onto the elbow joint during physical activity such as in participating in sports and depends entirely on its elasticity to support the elbow joint.
The Wrist Brace with Splint, designated as item B306, is a wrist brace constructed with knit fabric containing elastometric yarns to increase its elasticity. It features a woven elasticized strap with hook-and-loop closures to facilitate its attachment to the wrist. Four flat steel support strips have been sewn into pockets created on the outer surface of the brace. These steel supports are constructed of wire that has been spirally wound and welded into a flexible strip approximately 3 inches long by .25 inches wide. The wrist brace provides support to the wrist from both the elasticity provided by the fabric and the flexible steel wire strips sewn into the brace. It should be noted that since the brace will be used by people participating in sports, it does not fully immobilize the wrist and the steel supports are designed for flexibility.
The Tennis Elbow Support, designated as item B820, is a support appliance consisting of a strip of laminated fabric sewn to a strip of pile fabric. The laminated fabric consists of a dyed knit fabric laminated to a cellular rubber layer. This product is cut into a strip and then sewn to a narrow woven pile fabric. This loop pile fabric forms the loop portion of a hook-and loop fastening system where the hooks are provided by a rectangular applique that is sewn to one end of the elbow support. This article features a rectangular plastic fitting which functions in conjunction with the hook-and-loop closure to provide a mechanism to fasten the elbow support to the elbow. This item is used to support the elbow joint and measures approximately 16.5 inches by 2 inches. In general, whatever elasticity was in the laminated fabric part of this article has been negated by sewing it to the woven pile fabric, so the support is the result of the compression created by tightening the strap and holding it in place with the hook–and-loop closure.
The Knee Brace, designated as item B434, is a knee support constructed by sewing together two panels of a laminated material. This laminated material consists of a layer of knit fabric fused to a cellular rubber sheet. The brace features four woven adjustable straps with elastomeric yarns in the warp direction. These straps criss cross and fasten to hook-and-loop closures so the appliance can be wrapped around the knee and fastened in place. The brace features four steel supports that have been sewn into pockets along both sides of the brace. The steel support strips are similar to those in item B306, above, but are larger. The brace is designed to support the knee joint and prevent injury during vigorous physical activity.
The Patella Stabilizer, designated as item B2313, is a knee support constructed by sewing a panel of laminated fabric into a tubular shape. The laminated material consists of two layers of knit fabric with a central core of cellular rubber. This brace, which is specially designed to stabilize the kneecap, has a cellular rubber donut inserted in the brace which frames the patella when the brace is slipped on. This appliance features two adjustable straps with hook-and-loop fasteners, which facilitate the tightening of the brace. In addition, this item has four of the same style supports as above inserted into pockets sewn on either side of the patella donut.
All six braces bear the distributor’s name, Mueller, and trademark, a foot with a brace on it.
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:
Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that the classification of goods shall be determined according to the terms of the Headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the Headings and legal notes do not otherwise require, the remaining GRIs may then be applied.
The Knee Brace, Patella Stabilizer, Wrist Brace, Wrist Sleeve, Elbow Support and Elbow Sleeve are potentially classifiable in six HTSUSA headings. One possible heading is Heading 9021, HTSUSA, which provides for orthopedic appliances and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability. Other possible Headings for the merchandise include Heading 6212, HTSUSA, which provides for braces, Heading 9506, HTSUSA, which provides for articles and equipment for general physical exercise and other sports, Heading 4015, HTSUSA, which provides for articles of apparel and clothing accessories of vulcanized rubber, Heading 4016, HTSUSA, which provides for other articles of vulcanized rubber other than hard rubber and Heading 6307, HTSUSA, which provides for other made up textile articles.
HEADING 9021, HTSUSA
Heading 9021, HTSUSA, provides for “Orthopedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability; parts and accessories thereof.”
When interpreting and implementing the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, while neither legally binding nor dispositive, provide a guiding commentary on the scope of each Heading, and are generally indicative of the proper interpretation of the HTSUS. Customs believes the ENs should always be consulted. See T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
The ENs to Heading 9021 state that:
This Heading does not include supporting belts or other support articles of the kind referred to in Note 1 (b) to this Chapter,…(generally Heading 62.12 or 63.07).
Note 1 (b) of Chapter 90 maintains:
This chapter does not cover supporting belts or other support articles of textile material, whose intended effect on the organ to be supported or held derives solely from their elasticity (for example, maternity belts, thoracic support bandages, abdominal support bandages, supports for joints or muscles (Section XI).
The Wrist Sleeve, Wrist Brace and Elbow Sleeve at issue depend on elasticity to support the joints and therefore, would be excluded from classification in heading 9021 on the basis of Note 1 (b) of Chapter 90. Having determined that the Wrist Sleeve, Wrist Brace and Elbow Sleeve would be excluded from classification in Heading 9021, HTSUSA, we must determine whether the Elbow Support, Patella Stabilizer and Knee Brace are properly classifiable in Heading 9021.
According to Taber’s Cyclopedic Medical Dictionary, Edition 15, 1985, orthopedic is defined as “concerning orthopedics; prevention or correction of deformities.” A deformity is defined by Taber’s Cyclopedic Medical Dictionary as “an alteration in the natural form of a part or organ. Distortion of any part or general disfigurement of the body. It may be acquired or congenital. If present after injury, usually implies the presence of fracture, dislocation or both. May be due to extensive swelling, extravasation of blood or rupture of muscles.”
The importer states that the subject merchandise is utilized for the enhancement of an athlete’s performance and protection from injury during sport activities. The importer does not describe the subject merchandise as being utilized to “prevent or correct bodily deformities.” There is no mention of use of the brace at issue in relation to the presence of fractures or dislocation.
In addition, Mueller does not focus on the healthcare market but rather the sports medicine/sports equipment market. Advertising on Mueller’s website suggests that “Mueller remains on the cutting edge of technology and continues to offer new and innovative products, both for the serious athlete and team as well as the weekend warrior.” [Emphasis added] Products marketed to serious athletes and “weekend warriors” to enhance performance are significantly distinguishable from items intended to be worn in order to function while recovering from a fracture or dislocation. Accordingly, we believe the subject merchandise is not included in Heading 9021.
The ENs to Heading 9021 state that the orthopedic appliances referred to in the heading are appliances for “preventing or correcting bodily deformities” or “supporting or holding organs following an illness or operation.” The EN to Heading 9021 lists the type of orthopedic appliances that are included in that Heading as follows:
1. Appliances for hip diseases (coxalgia, etc.)
Humerus splints (to enable use of an arm after resection), (extension splints).
Appliances for the jaw.
Traction, etc., appliances for the fingers.
Appliances for treating Pott’s disease (straightening head and spine)
Orthopaedic footwear, having enlarged leather stiffener, which may be reinforced with a metal or cork frame, made only to measure.
Special insoles, made to measure.
Dental appliances for correcting deformities of the teeth (braces, rings, etc.)
Orthopedic foot appliances (talipes appliances, leg braces, with or without spring support for the foot, surgical boots, etc.).
Trusses (inuinal, cural, umbilical, etc., trusses) and rupture appliances.
Appliances for correcting scoliosis and curvature of the spine as well as all medical or surgical corsets and belts (including certain supporting belts) characterized by:
Special pads, springs, etc., adjustable to fit the patient.
The materials of which they are made (leather, metal , plastic, etc.); or
The presence of reinforced parts, rigid pieces of fabric or bands of various widths.
The special design of these articles for a particular orthopedic purpose distinguishes them from ordinary corsets and belts, whether or not the latter also serve to support or hold.
12. Orthopedic suspenders (other than simple suspenders of knitted, netted or crocheted materials, etc.)
Examination of the Knee Brace, Patella Stabilizer, and Elbow Support reveals that the items are not “ejusdem generis” or “of the same kind” of merchandise as orthopedic appliances listed in Heading 9021. The merchandise at issue is not intended to be worn post-operation or to correct a bodily deformity but rather to be used to enhance performance during exercise or sports activities. The Elbow Support is designed to relieve and prevent tennis elbow pain and is marketed as being excellent for golfers, bowlers. The Knee Brace and Patella Stabilizer are claimed to prevent common knee injuries and to protect unstable knees. The patella opening helps stabilize the knee cap. The metal steel springs in both knee braces are quite flexible and therefore serve to differentiate them from the exemplars listed in the ENs to Heading 9021, HTSUSA. The ENs state that the splints and other fracture appliances referenced in Heading 9021 may be used either to immobilize injured parts of the body or to set fractures. While the knee braces at issue do restrict movement, they do not immobilize the knee as contemplated in the EN to Heading 9021. [Emphasis added] See HQ 964317, dated May 1, 2001 (ruling that a knee brace made of 90 percent neoprene and 10 percent nylon or polyester and elastic with two hinged metal braces would be excluded from classification in Heading 9021 because it does not immobilize the knee); HQ 958190, dated September 5, 1995, (ruling that a neoprene wrist support containing permanently inserted, rigid plastic support bars that were designed to immobilize the wrist in order to relieve tendinitis and prevent recurrence of carpal tunnel syndrome were properly classifiable in 9021). (Emphasis added)
These items which may be used to prevent sprains or strains and to support the area of the body where they are worn are not considered to be of the class or kind of appliance used with recovery from bodily deformity or used following illnesses or operations of an incapacitating nature. See NY 862972, dated May 31, 1991 (hinged knee support and back support with plastic stiffeners excluded from Heading 9021). The appliances included, in Heading 9021, HTSUSA, e.g., appliances for hip disease, for correcting scoliosis and trusses (used generally for treating hernias) are similar in the sense that they enable the wearer to engage in the activities of everyday life. The Knee Brace, Patella Stabilizer, and Elbow Support are not items that are generally worn in order to function in everyday life but rather to engage in sports activities. We note that orthopaedic footwear and special insoles might also be used by the wearer to engage in athletic activities but the EN provides that those items are made to measure and not marketed to a mass market as are the subject merchandise in the instant case. The fact that most, if not all, of the items referred to in the EN to Heading 9021 must be fitted to a particular individual is also a feature which the items at issue do not share with the enumerated articles.
Although the Knee Brace, Patella Stabilizer, and Elbow Support would not be excluded from Heading 9021 because they do not derive support solely from their elasticity, as discussed above, the items are nonetheless not esjudem generis with the exemplars in Heading 9021.
HEADING 9506
Having precluded classification in Heading 9021, HTSUSA, we must determine whether classification in Heading 9506, HTSUSA is appropriate. Heading 9506, HTSUSA provides for, inter alia, articles and equipment for gymnastics, athletics, other sports and outdoor games
The ENs to Heading 9506 state in pertinent part:
This heading covers:
* * *
(B) Requisites for other sports and outdoor games (other than toys presented in sets, or separately of Heading 95.03), e.g.:
* *
(13) Protective equipment for sports or games, e.g., fencing masks and breast plates, elbow and knee pads, cricket pads, shin-guards.
The sports protective equipment intended for inclusion within Heading 9506, HTSUSA, recognizes only that equipment designed exclusively for protection against injury, that is equipment having protective features with the sole or primarily function of directly absorbing the impact of blows, collisions or flying objects. See HQ 958791, dated May 13, 1996 (knee pads used for playing sports, elbow pads and wrist guards are classifiable in Heading 9506); HQ 958387, dated April 8, 1996 (protective gear including knee and elbow pads used by in-line skaters to protect their knees, elbows and wrists against impact and abrasion are properly classifiable in Heading 9506); HQ 957120, dated January 31, 1995 (ruling that wrist guards utilized for in line skating are classifiable under Heading 9506); HQ 958190, dated September 5, 1995 (ruling that a hand/forearm pad, shin guards and elbow pad specifically designed to prevent injury while playing football or soccer are properly classifiable as protective sports equipment under Heading 9506); HQ 951406, dated July 13, 1992 (knee pads, elbow pads and wrist guards consisting of hard plastic cups and high impact plastic splint inserts, utilized for sporting activities have the primary function of protecting the wearer during sporting activities and are therefore properly classifiable in Heading 9506) [Emphasis added]; NY 862972, dated May 31, 1991 (a padded shin guard, specially designed to protect against leg blows in the game of soccer and an elbow support which primarily provides protection against blows or falls qualify for classification in Heading 9506 but a hinged knee support and a back support were excluded from Heading 9506 because neither of these items have as their sole or primary function to directly absorb the impact of blows, collisions or flying objects).
Significantly, none of the subject merchandise, here in issue, is described as either a “pad” or a “guard.” Rather the items are “supports” or “sleeves.” Nor is any of the subject merchandise designed with the sole or primary function of directly absorbing the impact of blows, collisions or flying objects. The Mueller website describes the Knee Brace at issue as an article “whose unique design helps to prevent common knee injuries, protects unstable knees and allows an adjustable custom fit.” The Patella Stabilizer is described as “ideal for post injury pain relief and arthritic knee conditions.” The neoprene Elbow Sleeve is described as an item “recommended for elbow injuries, strains and arthritic elbow conditions.” The Wrist Brace is described as a preventative for carpal tunnel syndrome. It provides firm comfortable support and helps prevent wrist injury. The Elbow Support/Strap is advertised as “excellent for golfers, bowlers, tennis players, gardeners, dentists, carpenters and all activities involving starting on forearm muscles.” The Wrist Sleeve is recommended for “wrist strains, sprains, tendonitis, bursitis and arthritic wrist conditions.” Accordingly, Heading 9506, HTSUSA does not apply to the subject merchandise, as their primary function is not to protect from impact imposed by blows, collisions or flying objects.
TEXTILE VERSUS RUBBER MATERIAL
Having eliminated the possibility of classification under Heading 9021, HTSUSA and Heading 9506, HTSUSA, we must now determine whether the subject merchandise is properly classifiable in Chapter 62, HTSUSA or Chapter 63, HTSUSA. Classification in both Chapters 62 and 63, HTSUSA require that the goods be composed of textile fabric. Since the Knee Brace and Elbow Sleeve are composed of cellular rubber backed with knit fabric, we must first determine whether the laminated materials from which these items have been constructed are considered textile fabrics for the purposes of the HTS.
The following two chapters must be considered in analyzing the proper heading for the material making up the Knee Brace and the Elbow Sleeve: Chapter 40, providing for “rubber and articles thereof” and Chapter 59, providing for “impregnated, coated, covered or laminated textile fabrics.”
Note 4 to Chapter 59 states, in pertinent part, that the heading “does not, apply to plates, sheets or strip of cellular rubber, combined with textile fabric, where the textile fabric is present merely for reinforcing purposes (Chapter 40).” In defining the meaning of the terms “merely for reinforcing purposes” the Explanatory Notes state in part in explaining the scope of Heading 4008:
In this respect, unfigured, unbleached, bleached or uniformly dyed textile fabrics, when applied to one face only of these plates, sheets or strip, are regarded as serving merely for reinforcing purposes.
Accordingly, since the textile material in both the Elbow Sleeve and the Knee Brace are applied to only one side of the material, the textile fabric is present merely for reinforcing purposes, and therefore, they are excluded from classification under Chapter 59.
Having excluded classification of the Elbow Sleeve and Knee Brace under Chapter 59, we must now determine whether they are properly classified in Chapter 40.
The General ENs to Chapter 40 (d) state that:
The classification of rubber and textile combinations is essentially governed by Note1 (ij) to Section XI, Note 3 to Chapter 56 and Note 4 to Chapter 59, and as regards conveyor or transmission belts or belting by Note 8 to Chapter 40 and Note 6 (b) to Chapter 59. The following products are covered by this chapter:
Plates, sheets and strip of cellular rubber, combined with textile fabrics (as defined in Note 1 to Chapter 59), felt or nonwovens, where textile is present merely for reinforcing purposes.
As the Elbow Sleeve and Knee Brace are composed of cellular rubber backed with knit fabric, the textile is present merely to reinforce and therefore the items would be covered by Chapter 40. Having established that the base fabric is considered to be rubber as opposed to textile, we must determine under which heading within Chapter 40, the Knee Brace and the Elbow Sleeve are properly classified. In Chapter 40, there are two potential headings in which the Knee Brace and the Elbow Sleeve might be classified. One possible heading is 4015, HTSUSA, which provides for “Articles of apparel and clothing accessories (including gloves), for all purposes, of vulcanized rubber other than hard rubber.” The other potential heading is 4016, HTUSA which provides for “Other articles of vulcanized rubber other than hard rubber.” The Knee Brace and the Elbow Sleeve are worn to provide support during exercise as opposed to being worn as a clothing accessory or article of apparel. Accordingly, the Knee Brace and the Elbow Sleeve are properly classifiable in subheading 4016.10.0000, HTSUSA, which provides for “other articles of vulcanized rubber other than hard rubber: of cellular rubber.”
The remaining goods are made up of textile material and therefore Heading 6212, HTSUSA and Heading 6307, HTSUSA will potentially capture the goods. Specifically, the Patella Stabilizer, the Wrist Sleeve and the Elbow Support are composed of rubber reinforced on both sides with textile fabric. The Wrist Brace is composed of textile fabrics incorporating rubber yarns. See Note 10 to Section XI.
CHAPTERS 62 OR 63
Having established that all of the items except the Knee Brace and Elbow Sleeve are made from textile fabric but that neither the provision for sporting equipment, Heading 9506, HTSUSA nor the provision for orthopedic appliances, Heading 9021, HTSUSA apply, we must now examine whether they may be classifiable in either chapter 62 as body supporting articles or in chapter 63 as other made up articles.
HEADING 6212
Heading 6212 provides for inter alia, braces. The ENs to Heading 6212, HTSUSA, state in pertinent part:
The Heading covers articles of a kind designed for wear as body-supporting garments or as supports for certain other articles of apparel, and parts thereof…
The Heading includes, inter alia:
(1) Brassieres of all kinds.
(2) Girdles and panty-girdles.
(3) Corselettes (combinations of girdles or panty-girdles and brassieres).
(4) Corsets and corset belts. These are usually reinforced with flexible metallic, whalebone or plastic stays, and are generally fastened by lacing or by hooks.
(5) Suspender-belts, hygienic belts, supersensory bandages, suspender jock-straps braces, suspenders, garters, shirt-sleeve supporting arm-bands and armlets.
(6) Body belts for men (including those combined with under pants)
(7) Maternity, post-pregnancy or similar supporting corrective belts, not being orthopedic appliances of Heading 90.21.
This office is of the opinion that the exemplars to Heading 6212 are united by the fact that they support apparel or other items (e.g. garters) or are forms of garments (e.g. brassieres) and are generally worn underneath other garments as, for example, maternity belts or men’s body belts. See HQ 952568, dated January 28, 1993; HQ 952390, dated December 16, 1992; HQ 952201, dated October 26, 1992. The subject merchandise, unlike the exemplars in the ENs to Heading 6212, are not worn as garments or accessories to garments and are therefore not properly classifiable in Heading 6212.
HEADING 6307
Heading 6307, HTSUSA, is a residual provision which provides for other made up article of textiles. Section Note 7 (e) of Section XI, which covers textiles and textile articles states in pertinent part as follows:
7. For the purposes of this Section the expression “made up” means:
Assembled by sewing…..
The instant articles have been assembled by sewing, therefore they constitute made up textile articles. The Explanatory Notes state regarding Heading 6307:
This Heading covers made up articles of any textile material which are not included more specifically in the Heading of Section XI or elsewhere in the Nomenclature.
Since the Patella Stabilizer, Elbow Support, Wrist Brace and Wrist Sleeve at issue are not covered by any more specific Heading they are classifiable in Heading 6307, HTSUSA.
The EN to 6307 specifically provide for articles such as the Patella Stabilizer, Wrist Brace/Sleeve and Elbow Supports in Note (27) which notes that Heading 6307 includes, in particular:
Support articles of the kind referred to in Note 1 (b) to Chapter 90 for joints (e.g., knees, ankles, elbows or wrist) or muscles (e.g., thigh muscles), other than those falling in other Headings of Section XI.
Customs has classified merchandise that is almost identical to the Patella Stabilizer at issue, knee braces with hinged support bars, under Heading 6307. See HQ 964317, dated May 1, 2001; HQ 952568, dated January 28, 1993. In addition, this ruling is consistent with several other rulings in which articles supporting joints or organs were classified in Heading 6307. See HQ 958791, dated May 13, 1996 (revoking NY 840648 and classifying a knit elbow/knee support composed of 39 percent cotton and 61 percent man made fibers with ten magnets sewn into the supporter in Heading 6307); HQ 958190, dated September 5, 1995 (ruling that adjustable neoprene knee supports which support the joint solely by means of their elasticity should remain classified in Heading 6307); HQ 952295, dated January 5, 1993 (ruling that a heel cup/anklet composed of neoprene and a soft flexible material such as molded rubber or thermoplastic was classifiable in Heading 6307); HQ 951844, dated September 4, 1992 (ruling that a pair of cotton/stretch nylon wristbands neither of which contained a protective insert or pad were classifiable in Heading 6307); HQ 952390, dated December 16, 1992 (ruling that a lumbar support belt with four or six covered metal vertical stays is classifiable in Heading 6307); NY E82026, dated June 16, 1999 (knee sleeve and wrist sleeve composed of neoprene rubber laminated on both sides with knit fabric classified in Heading 6307).
We note that in NY 862972, dated May 31, 1991, knee supports with hinges, were classified in Heading 6212, HTSUSA. In HQ 087552, dated October 1, 1990 and HQ 086667, dated May 9, 1990, a knee stabilizer, and a knee support respectively both composed of neoprene rubber laminated on both the inner and outer surfaces with knit nylon fabric were classified in Heading 6212, HTSUSA. Also in NY A89561, dated December 11, 1996, ankle braces made of a heavy reinforced textile material for the purpose of providing ankle support for football players were classified in Heading 9021, HTSUSA. Finally, in NY D88848, dated April 1, 1999, a knee brace and a knee immobilizer worn only during sporting events by players to provide some support and to reduce the probability of reinjuring the knee joint were classified in Heading 9021, HTSUSA. Appropriate steps are currently being taken to review these decisions and to modify and revoke those rulings as necessary.
HOLDING:
The Knee Brace and Elbow Sleeve are 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.” There currently is no textile quota category applicable to this provision.
The Patella Stabilizer, Wrist Brace, Wrist Sleeve and Elbow Support are properly classified in subheading 6307.90.9989, 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.
In accordance with Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, section 3 A. (11) (b), you are to mail to the Protestant this decision and Customs Form 19, no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with this decision must be accomplished prior to mailing the decision.
The Office of Regulations & Rulings will make this decision available to Customs personnel and to the public on the Customs Service Home Page on the World Wide Web, www.customs.gov by means of the Freedom of Information Act and by other methods or public distribution sixty days from the date of this decision.
Sincerely,
John Durant, Director
Commercial Rulings Division