The tariff classification of a lumbar back brace from China

N291990 December 7, 2017 CLA-2-90:OT:RR:NC:N1:135 CATEGORY: Classification TARIFF NO.: 9021.10.0090 Mr. Samuel Morris IV Thought Products & Design, Corp. 511 Crescent Avenue Buffalo, NY 14214 RE: The tariff classification of a lumbar back brace from China Dear Mr. Morris: In your undated letter received by this office on November 13, 2017, you requested a tariff classification ruling. A sample, a marketing sheet, and product specification sheet for a Recoil Spinal Systems brace were submitted with your letter. The sample will be returned as requested. The Recoil Spinal Systems brace is said to be a Class 1 orthosis lumbar back brace and intended to immobilize specific areas of the spine either to speed healing from a major injury and surgery, or to prevent or reduce injury from a degenerative spinal disease. The product is available by prescription only and must be custom fitted to each patient by a licensed orthopedic technician. The inside layer of the brace, measuring approximately 46 inches in length and 23 inches at the widest point, is composed of both stretchable and non-stretchable fabric containing a rigid anterior panel at one end covering the abdominal area, and the ends of the layer are constructed with a hook and loop material for fastening. The inside layer is used to connect with a removable butterfly panel or rectangular panel. The butterfly panel containing a hot & cold therapy pack is a rigid panel providing a posterior support designed to reach from T9 vertebrae to the sacrum. The rectangular panel is a rigid posterior panel concentrating a support in the L1-L5 region. The outside layer of the brace contains a center stray, equalizing angled straps, compression straps with pull thumb tabs on each end, and equalizing lateral panels, which maintain the shape and integrity of the brace when the brace is worn. The rigid abdominal and posterior panels and rigid lateral support panels encompass the entire trunk of the user. It is advertised that “this inelastic rigid design provides excellent intracavitary pressure and reduces the load on the patient’s intervertebral discs.” The applicable subheading for the Recoil Spinal Systems brace will be 9021.10.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Orthopedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability; parts and accessories thereof: Orthopedic and fracture appliances, and parts and accessories thereof: Other.” The general 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 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 Fei Chen at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division