The tariff classification of a patient restraint

N232520 September 24, 2012 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889, 9817.00.96 Angela M. Santos Grunfeld, Desiderio, Lebowitz, Silverman, & Klestadt, LLP 399 Park Avenue, 25th Floor New York, NY 10022-4877 RE: The tariff classification of a patient restraint Dear Ms. Santos: In your letter dated Aug. 21, 2012, you requested a tariff classification ruling on behalf of your client, J.T. Posey Company, of Arcadia, California. You submitted a sample of the Breezeline Pelvic Holder, style 4411 S, M, L. (According to the label, we received a size M.) No country of origin was stated but the label reads, “Assembled in Mexico.” The restraint, style 4411, is composed of openwork knit fabric shaped to be wrapped over a patient’s crotch area. It measures 17” across the front, tapering to 5” across the back; it is 22” long. The mesh is finished with capped edges. Webbed straps are sewn onto the top and bottom. The restraint is designed to be placed on a chair or wheelchair. The bottom set of straps is tied to the chair and the patient sits on it. The front of the restraint is pulled up and over the crotch area and the straps at the top are tied to the chair. In this way the patient is prevented from getting up or falling off the chair. The applicable subheading for Breezeline Pelvic Holder, style 4411 S, M, L 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. Regarding your claim of duty free treatment under subheading 9817.00.96, HTSUS, for this item, we agree that use of a pelvic restraint is much more consistent with use as a result of a form of dementia, which is ordinarily permanent or chronic, than of an acute or transient disability per Chapter 98, Subchapter 17, U.S. Note 4(b)(i), HTSUS. New York Ruling Letter N193095, dated December 7, 2011, held that subheading 9817.00.96, HTSUS, applied to restraint vests, jackets and belts, which had a similar function. On that basis a secondary classification will apply for these items in subheading 9817.00.96, HTSUS, as specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped (except articles for the blind), free of duty and user fees (if any). Note that the requirement that the importer prepare and file a U.S. Department of Commerce form ITA-362P has been eliminated via a notice from the International Trade Administration, published in the Federal Register of June 1, 2010. Also note that this classification has no effect on any quota, visa, or restricted merchandise requirements or countervailing or dumping duties. 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 the World Wide Web at http://www.usitc.gov/tata/hts/. Your inquiry does not provide enough information for us to give a classification ruling on the foam padded version, style 4430. Your request for a classification ruling should include a sample as well as cost and weight breakdowns (textile versus plastic). When this information and the sample are available, you may wish to consider resubmission of your request. We are returning all related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you except the Breezeline sample. The sample will be returned as you 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 specifically regarding the classification in subheading 9817.00.96 of this item, contact National Import Specialist J. Sheridan at 646-733-3012. If you have any other questions regarding the ruling, contact National Import Specialist Mitchel Bayer at (646) 733-3102. Sincerely, Thomas J. Russo Director National Commodity Specialist Division