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NY F84058





March 15, 2000

CLA-2-90:RR:NC:MM:105 F84058

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.30.0000

Ms. Stephanie Hadju
Danforth Orthotic Prosthetic Laboratories 755 Clay Street
Winter Park, FL 32789

RE: The tariff classification of parts of artificial limbs

Dear Ms. Hadju:

In your letter, dated March 3, 2000, you requested a tariff classification ruling.

You submitted two metal samples. One is a cylinder about two inches high and one inch in diameter with the several openings for screws and a vertical slit through about 2/3 of its length. The other is a hemisphere about one inch in diameter with four flanges for screw attachments.

You state that they will be made of either stainless steel or titanium, with approximately 98% in titanium. Their finishing is extremely fine and precise. Per the pro forma invoice provided, their prices will be in the $30 to $60 range, which is extremely high for standard metal connectors, but not unusual for precision pieces used in orthotics.

Your information shows them in use as parts of artificial legs, and we do not see any other commercially feasible use for them or items of their class or kind. Explanatory Note III-C to Harmonized System Heading 90.21 includes artificial legs under “other artificial parts of the body.”

The applicable subheading for these two items will be 9021.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of “other” artificial parts of the body. The general rate of duty will be free.

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 James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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