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NY K89725




September 30, 2004

CLA-2-63:RR:NC:N3:351 K89725

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 a knee braces 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 of knee braces.

The first submitted sample, identified as Product number 483005, is composed of neoprene and spandex with a nylon lining. The knee stabilizer has padding around the patella opening for support. There are two parallel permanent spiral metal stays on either side of the article and in addition there are adjustable straps above and below the kneecap that help maintain proper positioning of the circular buttress.

The other sample, identified as Product number 483009, is a hinged knee stabilizer. It is composed of the same material as 483005. It has a circular buttress that provides support for the patella and two hinges with a comfort pad to provide lateral support without additional pressure. In addition, the article has straps positioned at the bottom and top of the brace that provide additional support and help maintain proper positioning for the hinges. You indicate that the dual hinges help maintain medial/lateral stability and provide uniform compression to reduce swelling from sprains to ligaments of the knee.

The applicable subheading for both knee braces 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. However, that would be contrary to the multiple Revocations and Modifications of Ruling Letters relating to knee braces and supports published in the Customs Bulletin of December 19, 2001. In those rulings, similar items were 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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