CLA-2-63:OT:RR:NC:N3:351
Angela M. Santos
Grunfeld, Desiderio, Lebowitz, Silverman, & Klestadt, LLP
399 Park Avenue, 25th Floor
New York, NY 10022-4877
RE: The tariff classification of patient restraints
Dear Ms. Santos:
In your letter dated July 2, 2012, you requested a tariff classification ruling on behalf of your client, J.T. Posey Company.
You submitted twenty-one samples of patient restraints. In the future, please submit no more than five samples with any ruling request. In this case, since the samples are all basically the same, we are able to rule on them all. Your samples will be returned to you.
The restraints are all basically the same, with pads to go around the wrist or ankle and webbed straps that tie to the bed. You state that they may vary by strength and type of enclosure cuff. All cuffs are textile; some are padded with foam, some are of pile fabrics (including what you call synthetic fur). Some have hook-and-loop fastener strips, some a plastic buckle or metal ring closure.
The 21 style numbers we have received are as follows: 2510, 2520, 25251, 2526, 2528, 25281, 2530, 2531, 2532, 2532A, 2533, 2534, 2540, 2541, 2550, 2551, 2551A, 2552, 2554, 2625, and 2631.
You state that the restraints are designed to secure a patient’s wrists or ankles, presumably to a hospital bed, so that he or she cannot pull at IV lines, catheter tubes, or similar medical devices, or wander or fall off the bed, or otherwise injure him- or herself.
The applicable subheading for the patient restraints 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.
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 the World Wide Web at http://www.usitc.gov/tata/hts/.
You specifically ask about a possible (secondary) classification of these items under HTSUS 9817.00.96 as articles for the handicapped. However, you have not established that your items were designed for those with a permanent or chronic incapacity, as opposed to an acute, but often transient, disability, e.g., healing from surgery or a severe injury, etc, which might also require the use of restraints. See HTSUS, Chapter 98, Subchapter 17, U.S. Note 4(b)(i).
In that regard, we are returning your request for a ruling and the related samples and exhibits. We need additional information in order to issue a ruling. Please submit the information described below:
We find many discussions via the internet regarding the quite common use of limb restraints to prevent post-surgical patients from pulling out tubes either intentionally or accidentally because of the very great discomfort caused, the confusion due to general severe pain and/or partial sedation, or other temporary situations. Provide the evidence, if any, that these items are specially designed only for those with “permanent disabilities” as you state and that the physical design elements that distinguish them from those for the uses above are significant.
Provide the evidence, if any, that “the limb holders are most often used by patients suffering from permanent disabilities,” as you state, as opposed to patients recovering from surgery, non-permanent head injuries, etc. If your statement is based upon a statistical survey, please provide a copy.
You state that they are “sold to nursing homes, health care providers, as well as hospitals.” For the previous year, what is the percent of each of these items that were sold to separate, long-term care nursing homes as opposed to hospitals (including rehabilitation hospitals), which do not normally provide long term care. Do not include any sales to institutions which run major facilities of both types.
If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
Your letter does not mention a country of origin, but the packaging of each item states “Made in China.” However, the packaging also says “Canada” with a Canadian address. There is also a German company with its address shown. These are all in addition to Posey’s name and California address (“Main Office and Factory”).
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.
In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.
While all of these place names, including China, are located on the front of the package, “Made in China” is not so prominent that a consumer might not be confused. We suggest that “Made in China” be made more prominent so as to avoid any confusion by the ultimate purchaser.
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 9817.00.96 status of the items, contact National Import Specialist J. Sheridan at 646-733-3012. For any other questions regarding this request, contact National Import Specialist Mitchel Bayer at (646) 733-3102.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division