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NY H88990





March 25, 2002

CLA-2-90:RR:NC:N1:105 H88990

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.10.0090; 9018.90.8000

Mr. Francisco Gomez, Jr.
R.L. Jones Tecate Inc.
476 Tecate Road
Tecate, CA 91980

RE: The tariff classification of splint related items from Mexico

Dear Mr. Gomez:

In your letter dated March 1, 2002, for U.S. Manufacturing Co., you requested a tariff classification ruling.

The 7528D, the Single Axis Shoe Insert, Large Right, is made of plastics. One piece cups the back, bottom, and sides of the wearer’s heel. Two 6 inch long pieces form are attached to the cup by hinges so that they can be moved forward and back. Each widens to 4 inches near their top, which as a 1.2 inch hole in it and dozens of short spikes projecting outward. It has a velcro-like strap across the instep. It is used in conjunction with an ankle cast to provide addition support.

The 7222D, Functional Position Hand Splint, Small Left, has a main body of padded, molded, rigid plastic, which is 12 inches long and is curved to hold the hand in a moderately curved position. There are three velcro-like straps along its length. The import should be fitted by a health care professional since it can be heated with a heat gun and reshaped to accommodate the individual patient. It is clearly intended to immobilize the hand and wrist following a serious injury or surgery, Note 6-b to HTS Chapter 90.

The 7127D, Femoral Casting Brim, Medium Right, is of molded plastic, about 4 to 6 inches high and 21 inches in circumference. As we understand your information, it is used by the doctor or other professional to shape the patient’s plaster cast before it dries hard.

We agree that the applicable subheading for the 7528D and 7222D 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..

We agree that the applicable subheading for the 7127D will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments and appliances used in medical, surgical, dental or veterinary sciences. The rate of duty will be free..

The samples are being returned to you in a separate mailing.

We note that all three samples are labeled Made in USA. We assume that will not be the case on importations of these items.

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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