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NY K81697





January 15, 2004
CLA-2-42:RR:NC:N3:351 K81697

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Beverley A. Seif
Import Director c/o Northern Safety Co., Inc.
P.O. Box 4250
Utica, NY 13504-4250

RE: The tariff classification of back support belts from China

Dear Ms. Seif:

In your letter dated January 7th, 2004, you requested a tariff classification ruling.

The three submitted items are back supports: The Activflex™ item 172-23923, the Activeflex™ Premium item 172-23924, and the Activflex™ economical item 172-23925.

The products are in the shape of a cummerbund that wrap around the waist and are worn on the outside of clothing. All three are made of elastic panels in the back and brushed nylon panels in the front. They fasten with hook-and-loop fasteners.

The Activflex™ item 172-23923 consists of an 8”-wide belt with four rubberized grip stays. It features two-stage adjustment panels with a hook-and-loop closure and 1¼”-wide suspender with snap clips for attaching and detaching. This item comes in sizes S-2XL.

The Activflex™ Premium 172-23924 consists of a 9”-wide belt with four rubberized back stays. It features two-stage adjustment side panels with hook-and-loop closures and 1½”-wide detachable suspender. This item fits waist size 28” to 46”.

The Activflex™ Economical item 172-23925 consists of an 8”-wide elastic back panel with mesh lining and sewn-in support stays and 3” side pulls with hook-and-loop closures and a 1¼” wide detachable suspender with removable clips. This item comes in sizes S-2XL.

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

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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