CLA-2-90:OT:RR:NC:N4:405
Aaron Bier
Import Manager
Brauner International
66 York Street, Suite 100
Jersey City, NJ 07302
RE: The tariff classification of knee brace from Taiwan.
Dear Mr. Bier:
In your letter dated November 9, 2012, on behalf of Monterey International, you requested a tariff classification ruling. A sample was provided.
You are requesting the classification of “Airmesh Knee Brace Model # RK –150.” You attached a copy of a page headed the Rapid Knee, which states that they are restricted to use by prescription from a physician only. You attached a page with illustrations and information regarding various Airmesh Knee Braces, but none of the model #s is similar to RK-150.
The tag sewn into the edge of the sample states, “RapidKnee RK-150,” and the hinge housings on both sides can be adjusted to limit the flex of the knee.
There is a photo of the sample Rapid Knee RK-150 at mmarmedical.com/The_Rapid_Knee_p/rk150.htm.
Per that site:
“The Rapid Knee utilizes an adjustable ROM hinge and an open wrap configuration to provide convenience and comfort to the user. The wrap fits snugly and provides even compression and support. The Rapid Knee has double upright ROM hinges and a locking joint for positioning the knee. This joint can lock the knee into either a flexion or extension position. The adjustable flexion and extension joint enables the practitioner to set limits on flexion and extension but allows the patient to move the knee freely within those limits
The Rapid Knee is designed for a patient who can load weight on the knee and is capable of some ambulation. It is typically used for post surgical rehabilitation following knee surgery.
Indications: post-surgical procedures, rheumatoid arthritis, osteoarthritis, meniscal cartilage derangement, chondromalacia of patella, knee ligamentous disruption, rupture of tendon (non-traumatic quadriceps tendon), pathologic fracture of femur, pathologic fracture of tibia or fibula, stress fracture of tibia or fibula, congenital deformity of knee, dislocation of knee, knee sprains or strains, and failed total knee arthoplasty…
Features
Portable, comfortable and convenient to use.
Breathable, non-allergenic, and lightweight materials.
Provides control and support through an adjustable ROM hinge.
Easy to use and easy to read indexed hinged indicates ROM improvement and hinge allows Dynamic or Static setting.
Features a polycentric adjustable design to control extension and flexion.”
It is clear that a practitioner would set and reset the Range of Motion pins that prevent, by varying amounts, the flexing of the patient’s knee joint after an examination or re-examination as the condition/healing improves and that the import would be used for severe conditions which made ordinary walking, stair climbing, etc potentially dangerous. That supports the statement that they are restricted to use by prescription from a physician only.
The applicable subheading for the RK-150 will be 9021.10.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" orthopedic or fracture appliances, and parts and accessories thereof. The rate of duty will be free.
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/.
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 J. Sheridan at (646) 733-3012.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division