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NY H89489





April 5, 2002

CLA-2-90:RR:NC:N1:105 H89489

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.10.0090

Mr. Mark R. Kittel
Superior Brokerage Services Inc.
2600 East 81st Street
Bloomington, MN 55425

RE: The tariff classification of an arm sling from Taiwan

Dear Mr. Kittel:

In your letter dated March 12, 2002, for Ergodyne, Inc., you requested a tariff classification ruling.

The import, Ultimate Arm Sling by Joslin Orthopedic Gear, has non-stretching velcro-like straps which, in conjunction a base material with some lycra for limited stretch, will hold the arm, bent at a right angle in place against the wearer’s chest. Although the packaging indicates that one possible use would be for “arm fatigue,” it is essentially just a little more stretchy and more comfortable than a traditional arm sling, and its normal use would clearly be to hold the arm in place following an illness, operation or surgery as indicated in Note 6-b to HTS Chapter 90.

We agree that he applicable subheading for the sling 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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