The tariff classification of support/compression articles from China

N030037 June 19, 2008 CLA-2-90:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9021.10.0090, 6116.93.8800, 6307.90.9889 Mr. James Unger CBC Customhouse Brokers, Inc. 143 N. Bloomingdale Road Bloomingdale, IL 60108 RE: The tariff classification of support/compression articles from China Dear Mr. Unger: In your letter dated May 30, 2008, for Mueller Sports Medicine, Inc., you requested a tariff classification ruling. Samples were provided. They are being returned to you as requested. Item # 6511 is identified as an “Adjustable Ankle Support” that wraps around the ankle and the foot. It has a cut out for the heel, and fastens with hook and loop fastener strips. It is a made up textile article that is not more specifically classifiable. The “Compression and Support Gloves,” styles #6901, #6903 and #6904, are made up of 85% nylon, 5% polyester, 5% rubber and 5% spandex knit fabric. They are designed to cover part of the forearm, the wrist, and hand but not the fingers of the wearer, with openings for the forefinger and thumb. It is designed for chronic physical conditions such as carpel tunnel syndrome. The gloves are available in sizes small, medium and large and each glove that makes up a pair can be worn on either the right or left hand. Regarding the three gloves and the ankle support, Note 1-b to Chapter 90 excludes “Supporting belts or other support articles of textile materials whose intended effect on the organ to be supported or held derives solely from their elasticity.” Neither item has rigid stays nor are they intended to immobilize the joint so it can heal. Rather, the packaging for both indicates that they provide compression, which is a result of their elasticity, for “weak and aching hands” and for “sore or weak ankles.” Specifically regarding the ankle support, Note 6 to Chapter 90 does not apply since it is neither footwear nor an insole as those terms are used in HTSUS Chapter 64. Therefore, HTSUS 9021 does not apply to either the gloves or the ankle support as you propose. Per its retail packaging, the Adjustable Arm Sling, item 6911, is “ideal for Sprains, Broken Bones or general Arm Support.” It holds the forearm horizontally against the wearer’s chest. Per Headquarters Ruling Letter 085265 SER, 8-14-89, arm slings are classifiable in HTSUS 9021. We agree that he applicable subheading for the sling will be 9021.10.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for orthopedic or fracture appliances, and parts and accessories thereof. The rate of duty will be Free. The applicable subheading for the “Compression and Support Gloves” will be 6116.93.8800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: without fourchettes. The rate of duty will be 18.6% ad valorem. The applicable subheading for the ankle support will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem. The gloves fall within textile category 631. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Adjustable Ankle Support, contact National Import Specialist Mitchel Bayer at 646-733-3102. If you have any questions regarding the Compression and Support Gloves, contact National Import Specialist Deborah Marinucci at 646-733-3054. If you have any questions concerning the sling, contact National Import Specialist J. Sheridan at 646-733-3012. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division