CLA-2-63:OT:RR:NC:N3:351
Mr. John Reich
Cataract Customhouse Brokerage, Inc.
2094 Grand Island Boulevard
Grand Island, NY 14072
RE: The tariff classification of body compression articles from Taiwan
Dear Mr. Reich:
In your letters dated July 17 and Aug. 2, 2012, you requested a tariff classification ruling on behalf of your client, Jonic Distribution North America, of Toronto. With your second letter you submitted five (5) samples of compression articles for various parts of the body and other information.
All are designed to be worn for the claimed benefits of compression to the muscles, joints, and blood flow.
The Knee Corrective Gel Support is a sleeve-type knee wrap that pulls on over the foot. It is constructed of 43% polyester, 43% nylon and 14% spandex knit fabric. The polyester is said to contain activated bamboo charcoal that “may increase blood flow, reduce swelling and ease pain.” It measures 11-3/4” long. On either side of the knee is a flexible nylon stabilizer.
A molded gel O-ring pad surrounds the kneecap.
The Hinged Knee Premium Brace has the same fiber content as the Knee Corrective Gel Support. The brace measures 10-1/2” tall and wraps around the knee, fastening onto itself with hook-and-loop fasteners. A 2” hole is cut to expose the kneecap. On either side of the knee is a hinged metal stabilizer, allowing the knee to bend normally.
The Leg Corrective Support Brace has the same fiber content as the above two articles. It is a sleeve-type knee wrap that pulls on over the foot and measures approximately 21”. It is designed to fit over the ankle, calf, and knee.
The applicable subheading for the Knee Corrective Gel Support, Hinged Knee Premium Brace, and the Leg Corrective Support 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.
The Carpal Tunnel Stabilizer is a wrist splint/brace with a separate opening for the thumb. According to the brochure you enclosed, Synergy also sells the same or a very similar item in boxes labeled Wrist Stabilizer. It does not cover even the base of the fingers. The sample can be used only on the left hand since it has a sewn-in pouch which contains an inflexible metal plate which is about 1 inch wide and 7 inches long and which has a gentle “S” curve to match the anatomy of the lower forearm and the palm. According to the Instruction for Use in the sample, the user should “ensure that the removable metal splint is placed over top of wrist bone.” That metal splint can be removed only by opening a hook-and-loop closure and tugging it out. The Stabilizer also has a sewn-in, padded “button,” about .25 inch thick and 1 inch in diameter, that would be approximately below the middle of the wearer’s palm, and an extra, straight, rigid metal plate, also about 1 inch wide and 7 inches long, covered on one side by a matching fabric and on other by hook-and-loop fastener strips. When the adjustable straps are tightened around it as in the instructions, the wrist joint will be essentially immobilized with almost no bending possible while performing ordinary tasks. This is important in cases of carpel tunnel disease to allow healing of the inflamed tendons and nerve which pass through that tunnel in the bone and to prevent additional damage, but that is also needed in the healing process for wrist fractures, etc. A similar wrist brace was classified in subheading 9021.10.00, HTSUS, in New York Ruling Letter H87468, dated February 13, 2002.
The applicable subheading for the Carpal Tunnel Stabilizer will be 9021.10.0090, HTSUS, which provides for “other” Orthopedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances. The rate of duty will be free.
The Healing Gloves are a pair of full-fingered gloves constructed of 65% bamboo and 35% spandex knit fabric. For purposes of this ruling, we are assuming that what you call bamboo is actually an artificial fiber that is derived from bamboo. You do not state the style number. You state that the gloves are used to provide “soft soothing warmth” and even compression to improve blood circulation, reduce swelling and ease pain.
The applicable subheading for the Healing Gloves will be 6116.99.4800, HTSUS, which provides for Gloves, mittens and mitts, knitted or crocheted: other of other textile materials: of artificial fibers: other: without fourchettes. The duty rate will be 18.8% ad valorem.
You propose classification for all the items in subheading 9021.90.81, HTSUS, as Appliances, other than hearing aids or pacemakers, which are worn or carried, or implanted in the body, to compensate for a defect or disability and parts and accessories thereof. However, Headquarters Ruling Letter 966874 (May 17, 2004) indicated that subheading 9021.90 did not apply to items which “are nothing like either the hearing aids of the heading text or the listed examples in the Explanatory Notes. First, all of the appliances listed are precision electronic devices that actively compensate for the defect or disability. Second, all of the examples assist or replace the function of a failed organ.…” Neither condition applies to any of these items.
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/.
Some of the retail packages are marked, “Brace contents: 65% bamboo polyester / 35% spandex.” Bamboo polyester is not a recognized fiber. Other packages state “43% Bamboo charcoal activated polyester.” These markings may require the approval of the Federal Trade Commission, which enforces separate marking requirements regarding fiber content and other information that may or may not be allowed to appear on textile items. You should contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to these items. Information can also be found at the FTC website www.ftc.gov.
Your samples will be returned to you.
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,
Thomas J. Russo
Director
National Commodity Specialist Division