The tariff classification of various textile/plastic articles from China and the Dominican Republic

N038768 October 14, 2008 CLA-2-90:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 6404.19.3580; 6217.10.9510; 9021.10.0090 Mr. John Ammerman Logistics Manager AccuMED Technologies, Inc. 150 Bud-Mil Drive Buffalo, NY 14260 RE: The tariff classification of various textile/plastic articles from China and the Dominican Republic Dear Mr. Ammerman: In your letter dated September 18, 2008, you requested a tariff classification ruling. Five samples were provided. You state that Article 1, identified as the “Diabetic Bootie,” is made of nylon knit fabric. The item is described as designed for use by patients with planter fasciitis, diabetes and/or arthritis. The submitted sample consists of a textile material open heel upper and a separately applied outer sole of neoprene rubber/plastics material. The item is secured to the foot by a hook & loop closure strap. The submitted sample is marked with a sewn-in label indicating “Made in China.” Article 2 is a Woven Cotton Construction Worker Vest. It has oversized armholes with hook and loop tape. Regarding Article 3, the Lace-up Ankle Brace, you state that it is partly secured by “non-stretchable nylon webbing.” We note that the single, very long piece of reinforcing plastic goes under the wearer’s instep and that a lace goes through that reinforcing piece several places both above the ankle and above the instep. It would be quite difficult for wearers to bend their ankles, especially sideways, when the lace is pulled tight. Regarding Article 4, the Plastic Ankle Support Component, we note that, per the illustration you provided, these will be the left and right padded plastic pieces that are riveted to the balance of the support. Each piece is about 8 inches long and 3 inches wide. Article 5 is a small square of Nylon Thermoformed Textile Material. The applicable subheading for Article 1 will be 6404.19.3580, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for footwear with outer soles of rubber/plastics and uppers of textile material; other; footwear with open toes or open heels; other. The rate of duty will be 37.5 percent ad valorem. The applicable subheading for Article 2 will be 6217.10.9510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other” made up clothing accessories. The rate of duty will be 14.6 percent ad valorem. Article 2 falls within textile category designation 359. 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. The textile category number above applies to merchandise produced in non-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. We agree that the applicable subheading for your Articles 3 and 4 will be 9021.10.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" orthopedic or fracture appliances, and parts and accessories thereof. The rate of duty will be free. 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. Regarding the classification of Article 5 and the labeling, marking, and eligibility of Article 1 for duty free entry under the special classification provisions of Chapter 98, HTSUS, we are returning your request for a ruling, and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit the information described below: Re Article 5: Please provide weight of nylon vis a vis weight of polyurethane for two sided material that you intend to import. Will this material be imported as roll goods or in pieces cut to shape and size for use in the finished product? If imported as piece goods, please provide length and width of goods. A sample of the two sided material that you intend to import would be helpful. Re Article 1: Submit a detailed and complete description of the manufacturing processes resulting in the good to be imported. In addition, a representative sample of the actual item to be imported from Dominican Republic is required If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding Article 1, contact National Import Specialist R. Foley at (646) 733-3042. If you have any questions regarding Article 2, contact National Import Specialist K. Reidlinger at (646) 733-3053. If you have any questions regarding Article 5, contact National Import Specialist D. Walsh at (646) 733-3044. If you have any other questions regarding this letter, contact National Import Specialist J. Sheridan at (646) 733-3012. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division