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NY K89724




September 30, 2004

CLA-2-63:RR:NC:N3:351 K89724

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

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

RE: The tariff classification of an ankle support from China

Dear Ms. Kelly-Kobayashi:

In your letter dated September 20, 2004, you requested a tariff classification ruling on behalf of Becton Dickinson and Co., of Franklin Lakes, New Jersey, on tariff classification.

The submitted sample, identified as Product number 486012, is a white ankle brace or stabilizer in size extra large. The item is composed of canvas textile fabric and is a lace-up boot style that fits either the left or right ankle. There is a soft elastic strap which is stitched over the Achilles heel area. The article has permanent metal stays on either side that, while flexible, provide additional support to an injured ankle.

The packaging insert states that it is to be worn in a shoe and replaces ankle taping.

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

In your letter, you propose classification in heading 9021, HTS, which provides for, inter alia, orthopedic appliances. We note that the metal stay in your sample, labeled Tru-Fit, is not rigid, but is easily bent back and forth. We consider classification in heading 9021 to be contrary to HRL 965238 BAS, dated Dec. 5, 2001, which served as the Revocation of a Ruling Letter relating to similar ankle braces, also for sports use, published in the Customs Bulletin of December 19, 2001. In that ruling, a similar item was classified in subheading 6307.90.9889, HTS.

The sample will be returned as requested.

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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