The tariff classification of a tourniquet from China

N303210 March 26, 2019 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Mr. Rick Musser Customs Clearance International Inc. 433 Airport Boulevard, Suite 403 Burlingame, CA 94010 RE: The tariff classification of a tourniquet from China Dear Mr. Musser: In your letter dated January 3, 2019, you requested a tariff classification ruling on behalf of Recon Medical, LLC. You submitted four samples of medical tourniquets. The tourniquet is essentially a woven textile strap with a plastic slide buckle and measures approximately 1 ½ inches by 36 inches. The strap portion is composed of nylon and Kevlar. The tourniquet is designed with a finger hole on the end of the strap for grip for achieving positive tension while implementing the device in wet, muddy, and bloody environments. The tourniquet features hook and loop tabs for secure tension, an additional hook and loop write-on tab to record how long the tourniquet is being used, and an aluminum windlass that is used to quickly adjust pressure in case bleeding restarts. In your letter, you suggest that the tourniquet 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.  We disagree with your proposed classification. The tourniquet is not an orthopedic appliance per Note 6 to Chapter 90, HTSUS.  The Explanatory Note (II) to heading 9021, HTSUS, states, in pertinent part, these are appliances for: “Preventing or correcting bodily deformities; or - Supporting or holding parts of the body following an illness, operation or injury.” The instant product does not meet the requirements of orthopedic or fracture appliances.  Therefore, subheading 9021.10.0090, HTSUS does not apply.  The applicable subheading for a tourniquet 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