CLA-2-63:OT:RR:NC:N3:351
Mr. Stephen Fodor
Customs Services & Solutions Inc.
P.O. Box 5644
Douglasville, GA 30135
RE: The tariff classification of an abdominal binder rehabilitation splint from China
Dear Mr. Fodor:
In your letter dated June 1, 2016 and your follow up letter dated September 15, 2016, you requested a tariff classification ruling on behalf of your client, Design Qual Manufacturing, Incorporated.
You submitted a sample of the New Style Diastasis Rehab Splint. The splint is constructed of neoprene rubber sewn to an outer layer of nonwoven nylon textile fabric. Elastomeric straps with hook and loop strips are attached to the ends for closure and adjustment of the splint. The splint is used to provide support for people who have a separation of their abdominal muscles by placing the splint across the abdomen while the straps are stretched around the waist. The straps are attached to the splint with hook-and-loop strips on the ends. Sample will be retained.
In your letter, you propose classification in subheading 9021.10.0090, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for, inter alia, orthopedic appliances. However, this merchandise is excluded from Chapter 90. Your attention is drawn to Note 1(b) of Chapter 90, which states in pertinent part: This chapter does not cover: (b) Supporting belts or other support articles of textile material, whose intended effect on the organ to be supported or held derives solely from their elasticity (for example, maternity belts, thoracic support bandages, abdominal support bandages, supports for joints or muscles) (Section XI). [Heading 6307 is in section XI.]
The applicable subheading for the New Style Diastasis Rehab Splint will be 6307.90.9889, 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 the World Wide Web at
https://hts.usitc.gov/current.
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 Adleasia Lonesome via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division