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NY C85565

March 25, 1998

CLA-2-95:RR:NC:2:224 C85565


TARIFF NO.: 9506.91.0030

Kristin A. Dilwirth
Balance Systems Inc.
18645 SW Farmington Rd.
Suite 283
Aloha, OR 97007

RE: The tariff classification of an exercise device from China.

Dear Ms. Dilworth:

In your letter dated March 11, 1998, you requested a tariff classification ruling.

The merchandise consists of a hand glove, a tubing clasp, an arm strap and two pieces of resistance tubing which together form a therapeutic glove product said to "assist in the prevention and rehabilitation of carpal tunnel syndrome and repetitive stress injuries of the fingers, hand, wrist and elbow." The device in its operation offers multiple resistance levels and a variety of exercises to address musculoskeletal disorders by strengthening the hand grip, the fingers, wrist, and elbow flexors. This sample will be returned at your request.

The applicable subheading for the flextend therapeutic glove kit will be 9506.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sports or outdoor games...: Other: Articles and equipment for general physical exercise, gymnastic or athletics; parts and accessories." The duty rate will be 4.6 percent ad valorem.

You also say in your letter that rubber tubing is purchased in the United States, shipped to China, and included in the Flextend retail package imported into the United States. Subheading 9801.00.10, HTS, provides for the free entry of products of the U.S. that have been exported and returned without having been advance in value or improved in condition by any process of manufacture or other means while abroad, provided the documentary requirements of section 10.1, Customs Regulations (19 CFR 10.1), are met. Operations which either advance the value or improve the condition of the product while it is abroad render it ineligible for duty free entry upon return to the U.S. See your nearest port Import Specialist for further details.

This ruling is being issued under the provisions of Section 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 Tom McKenna at 212-466-5475.


Robert B. Swierupski
National Commodity

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