CLA-2-90:RR:NC:MM:105 G89466
Mr. Kevin Outred
United Pacific, Inc.
P.O. Box 23585
Columbia, SC 29224
RE: The tariff classification of wrist-hand braces from Australia
Dear Mr. Outred:
In your letter dated March 27, 2001, you requested a tariff classification ruling. Your inquiry includes six wrist-hand braces in plastic bags. You have provided samples of either left or right versions for the samples. To limit confusion, we will refer only to the number you apply to the left hand version for each.
You refer in your letter to your “original submission some nine years ago for a binding Customs ruling...”, but we find no record of that submission.
However, we did reject a request made on your behalf by International Forwarders, Inc. in November of 2000. In that rejection, we asked you to provide a copy of your March 25, 1998 letter to British Customs, which led to their issuance of a classification ruling in HTS heading 6307 on certain of your Thermoskin products. You have not supplied that letter, but there are far many less samples in this request. You have provided copies of three form letters from British Customs dated March 6, 2001, classifying three of the sampled styles, i.e., 8-242, 8-257 and 8-268, in HTS heading 9021. We will assume that your March 25, 1998 letter referred to other of your products, not to these six.
Your January 26, 2001 letter to British Customs also requested the classification of lumbar braces, which you believed to be classified in 9021. You included neither the reply from them nor any samples of the lumbar braces, therefore, we presume that you are not requesting a ruling from us regarding them.
Four of the six samples are in plastic bags labeled Thermoskin-United Pacific. The other two, i.e., 6-280 and 6-282, are labeled Thermal...Smith and Nephew Roylan Inc. on the item itself. You indicate that all are sold only to clinics (Orthopedic, Physical Therapy or Occupational). The “Thermoskin” apparently refers to the base material’s ability to both capture body heat and to allow the skin to ventilate, thus providing long term comfort for the wearer. Each item is, in fact, likely to be worn for extended periods without removal to limit possible jarring to the injured area.
Five are essentially wrist braces which, when the hook and loop-type fastener straps are pulled tight, effectively immobilize the wrist in the neutral position. Each has at least one rigid, solid-metal, curved, non-removable splint, which runs its full length. Each has an opening for the user’s thumb. Only someone recovering from a rather serious injury likely would use them, whether due to repetitive stress, surgery or a single trauma.
The sixth, 8-257, is a thumb spica. It does not have a metal splint to immobilize the wrist, but it is supplied with a rigid piece of plastic, about six inches long and two inches wide, shaped approximately like an insole in an infant’s shoe. From the instructions that come with it, a therapist or fitter will heat the piece in a temperature regulated container filled with water at 150 degree F, then remove it, and shape it around the side of the hand-wrist and the patient’s thumb (held at the desired angle). After cooling into rigidity, it is slipped into the pouch for it on the neoprene hand covering. Its purpose is that of a traditional thumb spica made from wrapped bandages, i.e., to immobilize the thumb in the best position for healing.
We note that the Thermoskin flyer you sent includes several items, e.g., the Tennis Elbow Strap, which do not appear to be classified in 9021. However, from your letter, you are not requesting a ruling on those items.
We agree that the applicable subheading for these items, 8-242, 8-268, 8-257, 8-252, 6-280 and 6-282 (both left and right hand versions), 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.
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 James Sheridan at 212-637-7037.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division