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NY K87491




July 6, 2004
CLA-2-90:RR:NC:N1:105 K87491

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.10.0090

Dr. Richard Selkon
Xerosox (Australasia) Ltd.
134 Long Drive
St. Heliers Bay
Auckland 1005 New Zealand

RE: The tariff classification of a Xeroxsox Propump (Leg version)

Dear Mr. Selkon:

In your letter dated June 28, 2004, you requested a tariff classification ruling. No sample was submitted.

In New York Ruling Letter K86171-105, we ruled upon the classification of the arm version of the Xerosox ProPump. We note that the reference to the “World Trade Organization” on Page 2 of that letter should be “World Customs Organization.”

You have now supplied a letter, dated 6-26-04, from R. Archambault, President of Xero Products in Wilmington, NC, which states:

“Our analysis of our direct sales across the United States indicate that approximately 95% are purchased by people wearing a plaster cast, and 5% by amputees with prosthetic limbs.”

On that basis, the applicable subheading for the leg version will also currently be 9021.10.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” orthopedic or fracture appliances, and parts and accessories thereof.

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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