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NY K89533




October 7, 2004

CLA-2-90:RR:NC:N1:105 K89533

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.10.0090

Ms. Eleanore Kelly-Kobayashi
Rode & Qualey
55 West 39th Street
New York, NY 10018

RE: The tariff classification of wrist brace/splints from China

Dear Ms. Kelly-Kobayashi:

In your letter dated September 15, 2004, for Becton Dickinson & Company, you requested a tariff classification ruling. Two samples were submitted.

You state: “Product number 483020 is an adjustable left wrist brace in size large/extra large. The same brace is available for the right wrist (483022) in size large/extra large and for the left wrist (483019) and the right wrist (483021) in size small/medium. The brace is composed of Coolmax® and nylon. It has an opening for the thumb, two metal splints, and is closed by means of three straps fastened by Velcro.

“The design of both wrist braces provide protection and ‘stability for acute or chronic wrist sprains.’ The splints of the wrist braces fit into the lining and are ‘intended to immobilize the wrist to help reduce pain’ and swelling to an injured area.”

We note that unlike most of the other joints, it is possible to immobilize the wrist from its normal bending yet still readily participate in everyday life and even certain sports.

We agree that the applicable subheading for both items will 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. 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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