The tariff classification of a hip wrap from China

N258298 November 10, 2014 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Ms. Yashmi Malik Jobar International, Incorporated 21022 Figueroa Street Carson, CA 90745 RE: The tariff classification of a hip wrap from China Dear Ms. Malik: In your letter dated October 15, 2014, you requested a tariff classification ruling. You have submitted a photograph of a product you call a Hip Protector Wrap, item JB6101 (small size) and item JB6102 (medium size). The hip protector wrap is made up of knit textile fabric constructed of mostly nylon, with rubber, polyurethane, and polyester. To use, the hip protector is pulled up over one thigh and wrapped around the waist with an adjustable hook-and-loop closure. The hip protector can be worn on either hip. You describe it as follows: The purpose of this item is to provide stabilization and support for the upper pelvis, hip, and thigh while being comfortable enough to walk in. It is meant to assist in relieving stress around the hip joint after a sprain, strain or surgery. The applicable subheading for the Hip Protector Wraps, item number JB6101 and JB6102, 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. In your letter, you propose classification in heading 9021, HTSUS, which provides for, inter alia, orthopedic appliances. However, this merchandise is excluded from Chapter 90. Your attention is drawn to Note 1(b) of Chapter 90, which states in pertinent part: This chapter does not cover:(b) Supporting belts or other support articles of textile material, whose intended effect on the organ to be supported or held derives solely from their elasticity (for example, maternity belts, thoracic support bandages, abdominal support bandages, supports for joints or muscles) (section XI). [Heading 6307 is in section XI.] You have stated that the subject merchandise is intended to support the hip, upper pelvis and thigh and relieve stress and strain after surgery. But you do not describe the merchandise as being utilized to prevent or correct bodily deformities. 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 Mitchel Bayer at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division