The tariff classification of a wrist brace and a thumb spica from China

N065343 July 10, 2009 CLA-2-90 :OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9021.10.0090 Paul Meyer Masterpiece International, Ltd. 615 N Nash Street #300 El Segundo, CA 90245 RE: The tariff classification of a wrist brace and a thumb spica from China Dear Mr. Meyer: In your letter dated June 11, 2009, on behalf of JMI (USA) Ltd., you requested a tariff classification ruling. Two samples were provided. Your submission contained samples and information concerning two styles of support braces. The first style is identified as a Wrist Brace. Per your submission, the wrist brace is fabricated with a nylon spandex exterior, and a thermoplastic inside layer. The interior of the brace consists of ethyl vinyl acetate/polyethylene foam. You state that the brace is laminated with polyurethane adhesive, and is custom moldable by the consumer to fit. The wrist brace is extremely rigid, and when worn would cover the arm from the forearm to the palm of the hand, completely immobilizing the wrist. There is an open area at the end of the brace that allows it to fit around the thumb. Presumably the user would still be able to use his or her fingers while the wrist is immobilized. Your submission states that the wrist brace will be sold for medical use, specifically for the treatment of wrist injuries.The second style is identified as the Short Thumb Spica. The thumb spica is made from the same material as the wrist brace, and is equally rigid. You state it is also custom moldable by the consumer to fit. The thumb spica, when worn, will cover the lower portion of the user’s hand. There is an open thumb piece that is designed to surround that digit and hold it in place. The spica is fastened to the user’s hand by means of a hook-and-loop closure strip. When worn, the Short Thumb Spica immobilizes the user’s thumb, holding it at an angle pointing away from the hand. You say in your submission that the thumb spica will be sold for medical use for the treatment of thumb injuries. The applicable subheading for the Wrist Brace and Short Thumb Spica 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