CLA-2-90:RR:NC:N1:105
Mr. James E. Unger
CBC Customhouse Brokers, Inc.
143 N. Bloomingdale Road
Bloomingdale, Illinois 60108
RE: The tariff classification of wrist braces/stabilizers and knee braces from China
Dear Mr. Unger:
In your letter dated May 23, 2008, for Mueller Sports Medicine, Inc., you requested a tariff classification ruling. Five samples were provided.
The wrist braces/stabilizers, # 6251, 6261, 6201 and 6202, have large, rigid metal splints that curve in towards the upper part of the palm. There is an opening for the thumb and another for the other fingers. When the strap around the wrist is closed tightly, very little or no bending of the wrist is possible.
We note that unlike most of the other joints, it is possible to immobilize the wrist from its normal bending yet still readily participate in everyday life and even certain sports.
The Adjustable Hinged Knee Brace, #6455, is described as a knee brace with metal hinge stays. You state that there is no lateral elasticity so as to allow healing of the knee.
Regarding the 6455, you propose classification in HTSUS 9021 citing New York Ruling Letter A87538-119, 10-8-96, issued to Modawest International. Per your retail packaging, these are “ideal for active individuals during sports or other physical activities.” Very similar knee supports items imported by Modawest were ruled to be classified in that heading by NY D88848-352, 4-1-99, but that and similar rulings regarding knee braces and supports were proposed for revocation and/or modification in the Customs Bulletin of 10-17-01 and were revoked and/or modified in the CB of 12-19-01. The current position of CBP, as indicated by, e.g., Headquarters Ruling Letter 965234 BAS, 12-5-01, is that, while it acknowledged, “The hinged knee support prevents common knee injuries and protects unstable knees,” HTSUS 9021 does not apply to “products marketed to athletes to enhance performance” since that is distinguishable from “items intended to be worn in order to function while recovering from a fracture or dislocation or to function in everyday life.”
Regarding the # 6251, 6261, 6201 and 6202, we agree that the applicable subheading for them 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.
Regarding the Adjustable Hinged Knee Brace, #6455, the applicable subheading 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 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 knee brace, contact National Import Specialist Mitchel Bayer at 646-733-3102. For all other questions, contact National Import Specialist J. Sheridan at 646-733-3012.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division