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NY F85706




April 11, 2000

LA-2-90:RR:NC:MM:105 F85706

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.19.8500

Mr. Bernard Adrien
Fritz Starber Inc.
410 St. Nicolas
Bureau 300
Montreal, Quebec Canada H2Y 2P5

RE: The tariff classification of a wrist splint from Italy.

Dear Mr. Adrien:

In your letter dated March 9, 2000, on behalf of M.I.H. International, Inc., you requested a tariff classification ruling.

Your letter refers to five different models of supports. This letter concerns only the wrist splint, model 36 DX, per the package. We replied concerning the other four models in our Ruling F84319-352, dated March 27, 2000.

The sample is about 8 inches long and can be worn only on the right wrist. It has both velcro-like and lace closures. It has a rigid, full-length, aluminum support which is curved to accommodate the heel of the hand and which is removable. It also has another full-length, rigid, aluminum stay which is not removable. The wholesale price is apparently 11.50 $ Canadian each. It is clear that, used as intended, the wrist would be almost totally immobilized, which is consistent with the package’s statement, “Indications: Post surgery or injuries such as dislocations, luxations, and strains.” We note that this item would be rather inappropriate for mild, muscle strains. There is no indication that it would be used as a preventative item by a healthy person.

Your sample is being returned separately to you, per you request

You state, “These products are mostly sold to hospitals and specialized orthopedic retailers.” You do not explain where the others are sold, but we do not consider that to be necessary for this item.

We agree that the applicable subheading for your model 36 DX will be 9021.19.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” orthopedic or fracture appliances. 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, contact National Import Specialist James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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