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NY B85299




May 15, 1997

CLA-2-90:RR:NC:1:119 B85299

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.90.8000

Mr. Ed Gerard
EG & A International
16910 Aldersyde Drive
Shaker Hts, OH 44120

RE: The tariff classification of Post-Operative Shoes from China

Dear Mr. Gerard:

In your letter dated April 28, 1997 you requested a tariff classification ruling.

The articles to be imported are certain shoes commercially known as post-operative shoes. The sample you provided has the appearance of a sandal with textile uppers and non-flex plastic sole with skid proof half-sole and heel inserts. The sandal has back support and two wide adjustable straps with Velcro bands.

In ruling no. HQ 086084 our Headquarters in Washington classified similar post-operative shoes under the provision for other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability. The sample shoe you furnished will be classified accordingly.

The applicable subheading for the post-operative shoes will be 9021.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for orthopedic appliances ... and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability... other. The rate of duty will be 1.6 percent.

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 Jacques Preston at 212-466-5488.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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