The tariff classification of a textile shoulder gel compression brace from China

N300431 October 2, 2018 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Lisa Pietz Page & Jones, Inc. 2850 Wall Triana Highway, Suite 205 Huntsville, AL 35824 RE: The tariff classification of a textile shoulder gel compression brace from China Dear Ms. Pietz: In your letter dated August 30, 2018, you requested a tariff classification ruling on behalf of your client, Vive Health, LLC. You submitted a sample, a shoulder gel compression brace and gel pack. Sample will be returned as requested. You state the brace is made of an outer shell of knit polyester fabric. There is a hand pump feature that allows the user to increase the pressure of the brace to the desired level. The brace has an additional feature which is a detachable gel pack. The gel pack is designed to fit into the shoulder brace and has hook and loop tabs sewn on four sides to secure the gel pack to the fabric of the brace. The gel pack contains a substance that when heated or cooled, enables it to retain its temperature while being encapsulated in the brace. The brace is designed for either the left or right shoulders and is secured around the shoulder with hook and look closures. In your letter, you suggest that the shoulder gel compression brace may be classified under subheading 9021.10.0090, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for orthopedic or fracture appliances, and parts and accessories thereof.  You state that it does somewhat limit mobility when it is “pumped” up by the user. We disagree with your proposed classification. The shoulder gel compression brace is not an orthopedic appliance per Note 6 to Chapter 90.  Nor is it a fracture appliance.  The Explanatory Note (II) to heading 9021, HTSUS, states, in pertinent part, “fracture appliances are used either to immobilize injured parts of the body (for extension or protection), or for setting fractures.  They are also used in the treatment of dislocations and other joint injuries.”  The instant product does not meet the requirements of orthopedic or fracture appliances.  Therefore, subheading 9021.10.0090, HTSUS does not apply.  It is the opinion of this office that the shoulder gel compression brace is a "composite good" consisting of both a detachable gel pack and textile knit fabric. While the fabric provides the stability and compression of the shoulder, we also have to consider that the gel pack will aide in reducing swelling or soreness. When used together, they provide the most support in alleviating pain and discomfort. We thus find that the essential character of the overall product cannot clearly be ascribed to either single material. General Rule of Interpretation GRI 3(c), HTSUS, directs that in such circumstances the classification will be the heading that appears last in numerical order among those which equally merit consideration. The competing headings here are 3824 (other prepared binders..; chemical products and preparations of the chemical or allied industries) and 6307 (other made up textile articles), HTSUS. Heading 6307 appears last in the tariff. The applicable subheading for the shoulder gel compression brace and gel pack will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem. 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 https://hts.usitc.gov/current. 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 Adleasia Lonesome via email at adleasia.a.lonesome@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division