The tariff classification of Orthoses from Germany and Italy.

N047468 January 9, 2009 CLA-2-90:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9021.10.0090 Ms. Tracy McCrorey Kuehne and Nagel, Inc. 3125-I Horseshoe lane Charlotte, NC 28208 RE: The tariff classification of Orthoses from Germany and Italy. Dear Ms. McCrorey: In your letter dated December 16, 2008, for MEDI USA LP, you requested a tariff classification ruling. Two samples were provided. The LumbaMed Disc is a “Multi-stage Lumbar Support,” that goes around the waist/lower back. It is primarily indicated for lumbago and spondylarthrosis. The concave, rigid support on the inside is shaped to follow the curve of the spine. It is about 12 inches high and 10 inches wide and is attached to the main belt by multiple velcro-like tabs. The belt has 6 metal stays, from about 7 to 12 inches in length, in pockets in the rear and in the side rear. The outside of the belt has a plastic piece, about 13 inches in length and 2 inches in width (with a one inch cut out along the central area) that is shaped to conform approximately to the average spine. The Applying the Orthosis instructions for it, we presume packed with each support sold, states: “The support is supplied completely assembled in its most rigid form. Supplemental support rods of lighter stiffness are included to assist in the progression of recovery. The abdominal panel and the posterior panels are connected to the orthosis via Velcro tabs. The posterior panel comes pre-moulded but may require additional contouring to ensure a proper fit. If additional contouring is necessary, the use of a heat gun (348 degrees Fahrenheit) is required to obtain a permanent result. Once the final shape is confirmed, reattach the panel to the Lumbamed Disc using the provided Velcro type fasteners.” The SpinoMed II is a full back brace with loops that are tightened around both shoulders. It is primarily indicated for osteoporosis and vertebral compression fractures. The Instructions for it, we presume packed with each brace sold, states: “Fitting the orthosis (to be fitted by the orthopaedic technician only) - The patient should wear a light piece of clothing between the orthosis and the skin. The back brace does not need to be removed from the pocket during adjustment. Hold the back brace against the patient’s back so that the lower edge of the brace is level with the coccyx. The upper edge should reach to approximately 3 to 5 centimeters below C7. The aluminum frame contained inside the SpinoMed III garment is formable when cold and can be shaped without a tool. Start by shaping at the lordosis and then work upwards. The full width posterior panel comes pre-moulded but may need additional contouring to ensure a proper fit. If additional moulding is necessary, the use of a heating gun (348 degrees Fahrenheit) is required to obtain a permanent result. To shape the posterior panel, it is necessary to remove the panel from the pocket by opening the Velcro-type closure on the bottom of the pocket. Once final shape is confirmed, reattach full width panel to SpinoMed III using the provided Velcro type fasteners.” From the information supplied, these items are intended to immobilize all or part of the spine either to speed healing from a major injury or surgery or prevent or reduce injury from a degenerative disease such as osteoporosis. Both items have more elaborate and specialized elements to immobilize the spine than the Reinforced lumbar support belt, with posture correction, which was not classifiable in HS 9021 per the Decisions taken by the Harmonized System Committee (26th Session – November 2000) concerning Amendments to the Compendium of Classification opinions. The applicable subheading for the both orthoses 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. If you have any questions regarding the ruling, contact National Import Specialist J. Sheridan at 646-733-3012. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division