HQ 086667: Modification of New York ruling letter (NYRL) 842012, dated June 28, 1989

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 086667

                                      May 9, 1990




            CLA-2: CO:R:C:G  086667 DRR  841837

            CATEGORY: Classification

            TARIFF NO.: 6212.90.0030

            Mr. Stanley Dreier
            The Dreier Company
            375 Turnpike Road
            East Brunswick, New Jersey 08816

            Re:  Modification of New York ruling letter (NYRL) 842012,
                 dated June 28, 1989

            Dear Mr. Dreier:

                 This is in response to your letter of March 8, 1990, in
            which you requested reconsideration of a ruling letter issued
            by our New York office on June 28, 1989.  That ruling, NYRL
            841837, in response to your request of May 30, 1989, classified
            a knee and thigh support and a waist/back support from Taiwan
            under subheading 6117.80.0030, HTSUSA, as other made up
            clothing accessories, knitted or crocheted, ... parts of
            garments or of clothing accessories, other accessories, of
            man-made fibers, with a duty rate of 15.5 percent ad valorem
            and subject to textile category 659.  We have had occasion to
            review that decision and have found it to be in error.

            FACTS:

                 The merchandise is represented by a sample of a knee
            support constructed of neoprene rubber laminated on both the
            inner and outer surfaces with knit nylon fabric.  It is
            designed with an opening at the knee for patella support.  The
            second sample is a back/waist support, constructed of neoprene
            rubber laminated on the outer surface with knit nylon fabric.
            It has a hook and loop fastener along the edge to adjust and
            secure the support.

            ISSUE:

                 Whether the articles at issue are classifiable under
            subheading 6117.80.0030, HTSUSA, subheading 6212.90.0030,
            HTSUSA, or subheading 9021.19.8000, HTSUSA.













                                          -2-


            LAW AND ANALYSIS:

                 Classification of merchandise under the HTSUSA is in
            accordance with the General Rules of Interpretation (GRI),
            taken in order.  GRI 1 provides that classification shall be
            according to the terms of the headings and any relative section
            or chapter notes.  Heading 6117 provides for other made up
            clothing accessories, knitted or crocheted, knitted or
            crocheted parts of garments or of clothing accessories.
            Heading 6212 provides for brassieres, girdles, corsets, braces,
            suspenders, garters and similar articles and parts thereof,
            whether of not knitted or crocheted.  Heading 9021 provides
            for, among other things, orthopedic appliances.

                 The articles at issue do not appear to be designed,
            marketed or used as clothing accessories and are therefore not
            appropriately classified as such under heading 6117.
            Headquarters Ruling Letter (HRL) 086378, dated April 9, 1990,
            classified tubular shaped articles made of angora, lambswool,
            polyamid and elastan under subheading 6117.80.0020, HTSUSA.
            However, those items, designed principally for warmth, rather
            than support, are distinguishable from the items under
            consideration in this ruling request.

              The Explanatory Notes to the Harmonized System may be
            consulted for guidance as to the correct international
            interpretation of the various HTSUSA provisions.  The
            Explanatory Notes to heading 9021 state that it covers
            orthopedic appliances including medical and surgical corsets
            and belts characterized by: (a) special pads, springs, etc.,
            adjustable to fit the patient; (b) the material of which they
            are made (leather, metal, plastics, etc.); (c) or the presence
            of reinforced parts, rigid pieces of fabric or bands or various
            widths.  These appliances are for preventing or correcting
            bodily deformities or supporting or holding organs following an
            illness or operation.  The Explanatory Notes also state that
            the special design of these articles for a particular
            orthopedic purpose distinguishes them from ordinary corsets and
            belts, whether or not the latter also serve to support or hold.
            The articles is question do not have the special features set
            forth as the specific criteria in the Explanatory Notes to
            heading 9021 and are therefore not properly classifiable under
            heading 9021.


















                                        - 3 -


                 The Explanatory Notes to heading 6212 state that that
            heading covers articles designed for wear as body-supporting
            garments, including suspensory bandages, braces, and body
            belts, other than orthopedic appliances.  The Explanatory Notes
            do not restrict the heading to items which cover the torso.
            The articles in question are properly classifiable under
            heading 6212.

            HOLDING:

                 The neoprene knee support and the neoprene waist/back
            support are classified under subheading 6212.90.0030, HTSUSA,
            and are subject to textile category 659.

                 Pursuant to section 177.9, Customs Regulations (19 C.F.R.
            177.9), NYRL 841837, dated June 28, 1989, is modified in
            conformity with the foregoing.  This notice is not to be
            applied retroactively to NYRL 841837 (19 CFR 177.9(d)(2)
            (1989)) and will not, therefore, affect the transaction for the
            importation of your merchandise under that ruling.  However,
            for the purposes of future transactions in merchandise of this
            type, NYRL 841837 will not be valid precedent.  We recognize
            that pending transactions may be adversely affected by this
            revocation, in that current contracts for importation arriving
            at a port subsequent to the release of HRL 086667 will be
            classified under the new ruling.  If such a situation arises,
            you may, at your discretion, notify this office and apply for
            relief from the binding effects of the new ruling as may be
            dictated by the circumstances.

                                        Sincerely,




                                        Gerald Laderberg,
                                        Acting Director
                                        Commercial Rulings Division























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