The tariff classification of textile wrist and ankle restraints from China and Mexico

N238933 March 26, 2013 CLA-2-90:OT:RR:NC:4:405 CATEGORY: Classification TARIFF NO.: 9817.00.96 Mr. Frank J. Desiderio Grunfeld | Desiderio | Lebowitz | Silverman | Klestadt LLP 399 Park Avenue, 25th Floor New York, NY 10022-4877 RE: The tariff classification of textile wrist and ankle restraints from China and Mexico Dear Mr. Desiderio: In your letter dated February 25, 2013, on behalf of your client J.T. Posey Company, you requested a tariff classification ruling. You provided samples of the wrist and ankle restraints to this office which are being returned. We ruled upon the tariff classification of these items in Chapters 1-97 of the Harmonized Tariff Schedule of the United States (HTSUS) in New York Ruling Letter N224317, mailed to you on July 24, 2012. You are responding in this letter to our request for further information regarding the possible applicability of duty free treatment under 9817.00.96, HTSUS, for these items. The items are J.T. Posey limb holders (wrist and ankle restraints), model numbers 2510, 2520, 25251, 2526, 2528, 25281, 2530, 2531, 2532, 2532A, 2533, 2534, 2540, 2541, 2550, 2551, 2551A, 2552, 2554, 2625, and 2631. They vary essentially only in degrees of strength and type of enclosure. All have some sort of padding for the area of contact with the wrist or ankle. Although limb restraints , in general, are also used in treating those with only an acute or transient disability, as that term is used in HTSUS, Chapter 98, Subchapter 17, U.S. Note 4, such as recovering from surgery, your documents indicate that these items would be much more likely used for a patient suffering from chronic or permanent dementia. The chronic or permanent dementia may make the need for restraints much more likely, e.g., post-surgery, as well as being, per se, the direct cause of the need for restraints on a long term basis. On that basis a secondary classification will apply for these items in 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. 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, Thomas J. Russo Director National Commodity Specialist Division