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NY K89726




October 1, 2004

CLA-2-63:RR:NC:N3:351 K89726

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 stabilizers/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.

The first submitted sample, identified as Product number 483771, is a knee stabilizer/brace. It is composed of neoprene with a plush terry lining made of nylon. The brace has an open patella and two flexible metal stays on each side. The item closes by means of two hooked tab straps on the upper and lower part of the article. These straps can be adjusted to custom fit the knee for the desired level of support and compression.

The other submitted sample, identified as Product number 483772, is composed of the same materials as 483771 and has basically the same design except for the addition of two compression straps on the upper and lower part of the knee brace.

The applicable subheading for the knee stabilizers/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 seven 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 knee braces were classified in subheading 6307.90.9889, HTS.

The samples 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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