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NY H87468




February 13, 2002

CLA-2-90:RR:NC:N1:105 H87468

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.10.0090, 6307.90.9889

Mr. Daniel M. Bazua
R.L. Jones Customs Brokers, Inc.
P.O. Box 488
San Luis, AZ 85349

RE: The tariff classification of support articles from Mexico

Dear Mr. Bazua:

In your letter dated January 16, 2002, for support articles, you requested a tariff classification ruling.

Sample 6062, is a back support belt. It is constructed of knit elastic fabric with six vertical plastic stays. The belt measures approximately 38 inches by 9 inches at its widest point and tapers to 4-1/2 inches at either end. Each tapered end section has a book and loop fastener.

The applicable subheading for item number 6062 will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles Other. The duty rate will be 7 percent ad valorem.

Sample 6933, Wrist Brace, size medium, has an S shaped, rigid, metal splint which is about 1.5 inches wide and 6 inches long which will be under the hand. When the velcro-like straps are closed, the wearer’s wrist will be essentially immobilized even though the stretched, elastic base material will still provide a very limited amount of stretch. The metal splint is removable, but it is a substantial portion of the weight of the complete item. Its characteristics are primarily consistent with purchase for use to support or hold the wrist following an illness, operation or injury (Note 6 to HTS Chapter 90.)

Sample 6948, Hernia Aid, size small, has a textile belt with a small amount of stretch to go around the waist and two textile elastic straps that will go around the upper thighs. The belt has a flap with a curved “teardrop” of almost rigid rubber or plastics which is about 4 inches long, 2.5 inches wide and .7 inches thick at its thickest. Inguinal trusses are cited in Explanatory Note I-10 to Harmonized System Heading 90.21.

The applicable subheading for the 6933 & 6948 will be 9021.10.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for orthopedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances. The 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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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