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NY I80323




April 8, 2002

CLA-2-90:RR:NC:N1:105 I80323

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.10.0090

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
156 State Street
Boston, Massachusetts 02109-2508

RE: The tariff classification of an elbow immobilizer from Mexico

Dear Mr. Lynch:

In your letter dated March 21, 2002, for Velcro USA, Inc., you requested a tariff classification ruling.

The package of the sample VelcoPedic, model 2200, adult, Lemmco Elbow Immobilizer states, “For Use When Elbow Must Not Bend.” The item consists of two, quite thick, aluminum rods which are about 11 inches wide and .5 inches wide. The are lightly shaped to follow the curve of the arm and have two slots for a velcro strap at one end and an adjustable plastic strap at the other.

You note the Notice regarding knee braces published in the Customs Bulletin of December 19, 2001. Although the HRLs do classify knee “immobilizers” in HTS 6307, those were mostly textile and, more important, clearly did not prevent the knee from bending, but only provided a limited amount of support for the muscles and/or ligaments when the knee is bent in normal running or walking. This item’s normal use would clearly be to hold the arm rigid following an illness, operation or surgery as indicated in Note 6-b to HTS Chapter 90.

The applicable subheading for the VelcroPedic 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..

The sample is being returned to you in a separate mailing.

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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