CLA-2-63:OT:RR:NC:N3:351
John B. Ammerman
Logistics Manager
AccuMED Technologies, Inc.
150 Bud Mil Drive
Buffalo, NY 14206
RE: The tariff classification of orthopedic supports from China
Dear Mr. Ammerman:
In your letter dated June 12, 2008, you requested a tariff classification ruling.
The five submitted samples are identified as orthopedic supports. Article 1 is the “Body Glove” knee brace; it measures approximately 12” x 8”. Article 2 is the KN12H knee brace and it measures approximately 10” x 14”. Article 5, the KN12 knee brace also measures approximately 10” x 14”.
All of the knee braces are made of nylon knit textile fabric (non-loop pile fabric) that is laminated to both sides of an open-cell polyurethane foam; this construction is considered a textile fabric for tariff purposes. The Body Glove and KN12H contain two bilateral metal hinges to allow the knee to bend normally while being supported laterally during activity. KN12 contains bilateral plastic stays to provide moderate lateral support during activity. Each brace has a center hole that is padded and is used to provide support to the patella. The braces can be tightened with hook-and-loop straps.
You state that the principle use of this item is to provide support to the wearer for sports-related injuries, patella support, arthritic joints, and repetitive motion injuries. None of these knee braces immobilizes the wearer. As indicated by the picture of a runner on the packaging, the wearer can continue to walk and run. The packaging states that they “support your active lifestyle” and “provide maximum lateral support without restricting knee movement.”
The applicable subheading for the knee braces Body Glove, KN12H, and KN12 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% ad valorem.
Article 3, the Plantar Brace, has straps which immobilize the foot in a neutral or slightly flexed position at night or while at rest. It cannot be worn when the patient is walking.
Article 4, the Wrist Brace, has a wide, long, metal stay which is bent in towards the hand. When the straps are closed, the wrist is effectively immobilized from bending inward, allowing the joint to heal more effectively.
We agree that the applicable subheading for the Plantar and Wrist Braces will be 9021.10.0090, HTSUS, which provides for orthopedic or fracture appliances, and parts and accessories thereof. The rate of duty will be free.
You also propose that the three knee supports also be classified in heading 9021, HTSUS. However, they are quite different from the elaborate and specialized patella supports in New York Ruling Letter F84323, dated April 6, 2000, (which you cite) and are much more like the knee braces and supports not classified in HTSUS 9021 in the Revocations and Modifications published in the Customs Bulletin of Oct. 17, 2001.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
The samples will be returned as requested.
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 Mitchel Bayer at 646-733-3102.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division