CLA-2 CO:R:C:G 087552 CC

Mr. Stanley Dreir
The Dreir Co., Inc.
375 Turnpike Road
East Brunswick, N.J. 08816

RE: Classification of a knee brace; classified in Heading 6212

Dear Mr. Dreir:

This letter is in response to your inquiry of June 1, 1990, requesting tariff classification of a knee brace. A sample was submitted for examination.

FACTS:

The submitted merchandise, which you call a knee stabilizer, is composed of neoprene rubber laminated on both the inner and outer surfaces with knit nylon fabric. This article has an opening near its center to provide patellar support.

ISSUE:

Whether the submitted knee brace is classifiable in Heading 6212 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

In Headquarters Ruling Letter (HRL) 086667 of May 9, 1990, copy attached, we issued a ruling to you, classifying a knee support under subheading 6212.90.0030, HTSUSA. The knee support of that ruling is very similar, if not identical, to the sample submitted for this inquiry. Therefore the merchandise at issue is classified under subheading 6212.90.0030, HTSUSA.

HOLDING:

The submitted merchandise is classified under subheading 6212.90.0030, HTSUSA, which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted, other, of man-made fibers or man-made fibers and rubber or plastics. The rate of duty is 7 percent ad valorem, and the textile category is 659.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.


Sincerely,

John Durant, Director
Commercial Rulings Division

Enclosure