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NY A82268



May 8, 1996
CLA-2-90:R:N4:119 A82268

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989; 9021.19.8500; 9905.90.09

Mr. Ken Gibson
Coll Health and Safety Inc.
1260 Fewster Drive, #1
Mississauga, Ontario L4W 1A5, Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of body support articles from Canada; Article 509

Dear Mr. Gibson:

In your letter dated April 4, 1996 you requested a ruling on the status of body support articles from Canada under the NAFTA.

Based on the samples and product descriptions furnished in your letter, the articles to be imported are as follows.

The "Back Gard" is a wide back support belt used to prevent back injury and help relieve back pain. The belt has a center section, two end panels and adjustable suspenders. The center section has a vented back panel, two wide (4 inches) elasticized fabric bands (to prevent slipping) and four flexible bone stays. The end panels which measure 12 inches in length each are made of a rigid material with Velcro closure.

The "Wrist Fix) is a splint used to immobilize an injured wrist. It is approximately 7 inches long, has 2 elasticized fabric panels, one rigid panel with three spring steel stays, one rigid panel with aluminum spoon (splint), and two Velcro closures.

The "Uniwrist" is a wrist support made of neoprene rubber laminated with nylon on the outside and terry cloth on the inside, hook and loop closures and nylon thread.

The "Wrist Firm 2" is a wrist support made of knit elastic, hook and loop closures, plastic stays, nylon tricot, bias binding, utility foam and nylon thread.

The "Elbow Round" consists of a 12 1/2 inch strap with Velcro, a buckle and a foam pad. The strap is made of neoprene rubber laminated with Nylon on both sides. Worn below the elbow on the upper side of the forearm, the Elbow Round is designed to absorb and redirect damaging vibrations from the injured area.

The applicable tariff provision for the "Back Gard" and the "Wrist Fix" will be 9021.19.8500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for artificial joints and other orthopedic or fracture appliances... other. The general rate of duty will be 3.5 percent.

The applicable tariff provision for the "Uniwrist", "Wrist Firm 2" and the "Elbow Round" will be 6307.90.9989, HTS, which provides for other made up articles... other. The general rate of duty will be 7 percent.

All five body support articles described above, being made entirely in the territory of Canada using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore be entitled to a reduced rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. The "Back Gard" and the "Wrist Fix" will be entitled to a duty rate of 1.1 percent. The "Uniwrist", the "Wrist Firm 2" and the "Elbow Round" will be entitled to a duty rate of 1.4 percent.

In addition, the "Back Gard" and the "Wrist Fix" are eligible for a free rate of duty based on the Temporary Modifications established pursuant to the North American Free Trade Agreement under subheading 9905.90.09, HTS, which provides for orthopedic or fracture appliances other than plaster bandage splints, surgical trusses and suspensory bandages or orthopedic abdominal supports (provided for in subheading 6115.12.10, 6115.19.20, 6115.92.30, 6115.93.30, or 9021.19).

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). 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.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488.

Sincerely,

Roger J. Silvestri
Director

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