HQ 086084: Post-operative shoes; Modification of Ruling Letter 083995

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 086084

                                  February 28, 1990



          CLA-2:CO:R:C:G  086084  SR

          CATEGORY:  Classification

          TARIFF NO.:  9021.90.80

          Mr. James F. O'Hara
          Stein Shostak Shostak & O'Hara
          3580 Wilshire Boulevard
          Los Angeles, CA 90010-2597

          RE: Post-operative shoes; Modification of Ruling Letter 083995

          Dear Mr. O'Hara:

               This is in reference to your letter dated October 30, 1989,
          requesting the tariff classification of cast shoes and post-
          operative shoes under the Harmonized Tariff Schedule of the
          United States Annotated (HTSUSA).  The merchandise will be
          produced in Jamaica, Malaysia, or Taiwan.

          FACTS:

               The merchandise at issue is cast shoes and post-operative
          shoes.  The outsole of the post-operative shoe is a very thick,
          stiff piece of rubber.  The insole is made up of a thin, stiff
          board, with a thin layer of rubber on top to provide some padding
          for the foot.  The upper is made of a nylon material with a thin
          layer of padding as a lining.  The upper starts from behind the
          toe area and surrounds the foot.  The shoe is open toed and the
          two sides of the upper open wide to allow the foot to be set down
          onto the shoe with out bending.  These shoes are worn following
          foot surgery, and are prescribed by a doctor.

               The cast shoe is similar to the post-op shoe except it has a
          cushioned rocker bottom or outsole and no heel.  This permits a
          person using crutches to have limited contact with the ground
          with the injured foot while walking.  These shoes are intended to
          be worn by persons who have suffered a fracture and are usually
          prescribed by a doctor.  


















                                         -2-

          ISSUE:

               Whether the merchandise at issue is classifiable as footwear
          or as an orthopedic appliance.

          LAW AND ANALYSIS:

               Chapter 64, HTSUSA, is the chapter that provides for
          footwear.  Note 1(d) to Chapter 64 states that this chapter does
          not cover orthopedic footwear or other orthopedic appliances, or
          parts thereof (heading 9021).

               The Explanatory Notes are the official interpretation of the
          tariff at the international level.  The Explanatory Note to
          heading 9021, HTSUSA, lists orthopedic appliances as appliances
          for preventing or correcting bodily deformities, or supporting or
          holding organs following an illness or operation.  They are
          listed as including such items as appliances for the jaw,
          orthopedic footwear having an enlarged leather stiffener which
          may be reinforced with a metal or cork frame that is made to
          measure, special insoles made to measure, and orthopedic foot
          appliances (talipes appliances, leg braces, with or without
          spring support for the foot, surgical boots, etc.).   This
          Explanatory Note also includes crutches and crutch-sticks and
          excludes mass-produced footwear the inner soles of which have
          been simply arched to alleviate flat-footedness, which are not
          regarded as orthopedic footwear.

               The footwear at issue is more than mass produced footwear
          with an arch added.  The shoes at issue would not be worn unless
          medically necessary.  They are specifically designed to support
          the foot after an operation or a fracture has occurred.  They
          also help prevent or correct bodily deformities by helping an
          injured foot heal correctly.  They function in the same manner as
          crutches in that they assist someone with a foot injury in
          walking.  In addition, these shoes are obtained by a doctor's
          prescription.  Therefore, taking these factors into account, the
          footwear at issue is classifiable under the provision for
          orthopedic appliances.























                                         -3-

          HOLDING:

               The cast shoes and post-operative shoes at issue are
          classifiable under subheading 9021.90.80, HTSUSA, as orthopedic
          appliances, other, other.  The rate of duty is 3.9 percent ad
          valorem under the General duty rate column.  If produced in
          Jamaica or Malaysia the merchandise is entitled to duty free
          treatment under GSP, if otherwise qualified.

               Headquarters Ruling Letter 083995, dated May 3, 1989,
          classified several articles including the same type of post-
          operative footwear here in issue under subheading 9021.19.80,
          HTSUSA, as, orthopedic appliances, other orthopedic appliances.
          Based upon further review of that decision it has been deternimed
          that the classification of the orthopedic footwear there in issue
          is incorrect.  Accordingly, HRL 083995, dated May 3, 1989, is
          hereby modified to reflect that the orthopedic footwear there in
          issue is classified in subheading 9021.90.80, HTSUSA.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division






































          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference