The tariff classification of a wrist support and an ankle stabilizer from China

N306967 November 20, 2019 CLA-2-90:OT:RR:NC:N3:135 CATEGORY: Classification TARIFF NO.: 6307.90.9889; 9021.10.0090; 9903.88.15 Mr. David Zhu Jiangsu Reak Healthy Articles Co., Ltd No. 1 Jiangzhou Square Yangzhong China RE: The tariff classification of a wrist support and an ankle stabilizer from China Dear Mr. Zhu: In your letter dated October 24, 2019, you requested a tariff classification ruling on behalf of Walgreen Co. The samples submitted were examined and disposed of. Item number 314795, Wrist Sleep Support for Carpal Tunnel Syndrome, is a slip-on wrist support mainly made of laminated textile fabric (with outside loop receptive material and inside terry material) containing a palmar cushion and a removal rigid metal splint that curves in towards the upper part of the palm. The metal splint measures 6 inches in length and 1 1/8 inches in width. The wrist support having two openings for either thumbs is designed to be one size fitting on the right or left hand, covers the wrist and palm area with two adjustable straps used to fasten around the palm and wrist areas by the hook and loop closure system, and measures approximately 9 inches in length. When the adjustable straps are tightened around the wrist support as in the instructions, the wrist is effectively immobilized in the neutral position. The wrist support provides relief of nighttime wrist and hand pain for those who have carpal tunnel syndrome or weak, arthritic, injured or post-cast wrists. Item number 920165, Deluxe Ankle Stabilizer with Adjustable Straps, is designed to wrap around the ankle and the instep using the hook and loop closure system, and is construed of two textile parts sewn together to form an opening for the heel. The upper portion is constructed from a laminated neoprene fabric containing two removable semi-rigid plastic stays on each side, and is adjustable with two straps. The bottom portion is also constructed from a laminated neoprene fabric forming a foot bottom and two lifting straps. The ankle stabilizer is one size that fits either the right or left ankle. The indicated use of this product is to limit lateral motion and provide protection and support to a weak or injured ankle. In your letter, you propose classification in subheading 9021.10.0090, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for, inter alia, orthopedic appliances. We agree that the wrist support can be classified in the subheading as proposed; however, we do not believe the ankle stabilizer can be classified in heading 9021, HTSUS. “CBP considers immobilization of the joint to be a necessary characteristic of orthopedic joint supports/braces classifiable in heading 9021.” See Headquarters Ruling Letter HQ H135335, dated April 18, 2011. While the ankle stabilizer help limit lateral motion, it is not designed to immobilize the ankle joint. Thus, it will be excluded from heading 9021, HTSUS. The applicable subheading for the Wrist Sleep Support for Carpal Tunnel Syndrome will be 9021.10.0090, HTSUS, which provides for “[o]rthopedic appliances …: [o]rthopedic or fracture appliances, and parts and accessories thereof: [o]ther.” The general rate of duty will be free. The applicable subheading for the Deluxe Ankle Stabilizer with Adjustable Straps will be 6307.90.9889, HTSUS, which provides for “[o]ther made up textile articles …: [o]ther: [o]ther.” The general rate of duty will be 7 percent ad valorem. Products of China classified under subheading 6307.90.9889, HTSUS, unless specifically excluded, are subject to the additional 15 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15 in addition to subheading 6307.90.9889. HTSUS, listed above. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. 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 at [email protected] for the Deluxe Ankle Stabilizer with Adjustable Straps or Fei Chen at [email protected] for the Wrist Sleep Support for Carpal Tunnel Syndrome. Sincerely, Steven A. Mack Director National Commodity Specialist Division