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NY 807584




March 21, 1995

CLA-2-90:S:N:N3:119 807584

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.19.8500

Mr. Darryl Wm. Golden
Norman Krieger, Inc.
P.O. Box 92599
Los Angeles, CA 90045

RE: The tariff classification of an Epicondylitis Clasp from Germany

Dear Mr. Golden:

In your letter dated March 2, 1995, you requested a tariff classification ruling on behalf of Tri Hawk Corporation, Los Angeles, CA.

The Epicondylitis Clasp sample submitted is a flexible hard plastic open bracelet with thick felt padding and an elastic and Velcro strap to secure the bracelet. The device is used to alleviate the pain of epicondylitis or tennis elbow.

Dorland's Illustrated Medical Dictionary defines tennis elbow as a painful condition localized to the outer aspect of the elbow due to inflammation or irritation of the extensor tendon attachment to the lateral humeral condyle. A condyle is a rounded projection on a bone usually for articulation with another. According to the product literature furnished, mechanical relief of the tendon attachments at the epicondylus is achieved by compression of the forearm musculature at its largest circumference underneath the elbow.

The applicable subheading for the Epicondylitis Clasp will be 9021.19.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial joints and other orthopedic or fracture appliances... other. The rate of duty will be 4.6 percent.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

The sample is being returned to your office as requested.

Sincerely,

Jean F. Maguire
Area Director

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