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NY I85747




August 29, 2002

CLA-2-63:RR:NC:TA:349 I85747

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.2000

Mr. Frederik Wendelboe
Rubicon Sales Incorporated
530 Alameda Del Prado, Suite 394
Novato, CA 94949

RE: The tariff classification of a back support from China.

Dear Mr. Wendelboe:

In your letter dated August 16, 2002 you requested a classification ruling.

The submitted sample is a back support. The orthopedic back support is comprised of a rigid resin splint, convoluted plastic foam and a removable textile cover. The textile cover is made from a man-made fiber knit pile fabric. The back support measures approximately 17 x 27 inches. The backside of the support features an elastic strap. A handle is sewn onto one side of the back support. As requested the sample is being returned.

The applicable subheading for the back support will be 9404.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for provides for mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with any material or of cellular rubber or plastics, whether or not covered: other: pillows, cushions and similar furnishings: other. The duty rate will be 6 percent ad valorem.

The above subheading is not assigned a textile category designation and items classified therein are not subject to quota or visa requirements.

Textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 John Hansen at 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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