CLA-2-61:RR:NC:3:353 E82595
Mr. Tom Miesen
Gloria-Med America, Inc.
1813 E. John Sims Parkway
Suite 3
Niceville, FL 32578
RE: The tariff classification of thigh high compression hosiery from Italy.
Dear Mr. Miesen:
In your undated letter received by this office on May 25, 1999 you requested a tariff classification ruling. A sample was supplied of style Cotton 162.
Style Cotton 162 thigh high hosiery is composed of 66% cotton/17% polyamide/17% elastane fabric, decitex is 486 . It features a covered heel, open toe and elastic band at the top. It supplies compression in the range of 20-30 mm mercury and is prescribed by a physician.
Style Cotton 262 thigh high hosiery is composed of 66% cotton/17% polyamide/17% elastane fabric, decitex is 486. It features a covered heel, open toe and elastic band at the top. It supplies compression in the range of 30-40 mm mercury and is prescribed by a physician.
It is Customs position that surgical compression hosiery, because of their construction and application of use, are more than simple compression stockings to treat varicose veins. The hosiery is made of heavy gauge, opaque, elasticized knit fabric, and is designed to supply compression in the range of 30-40mm mercury to 50-60mm mercury. They are prescribed by physicians for the treatment of venous diseases and other serious conditions such as reversible and irreversible lymphedema and severe post-thrombotic treatment.
The Style Cotton 162 thigh high hosiery does not meet required compression ranges, the applicable subheading will be 6115.92.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted: Other: Of cotton: Other: Other.” The rate of duty will be 14% ad valorem.
The Style Cotton 262 thigh high hosiery meets required compression ranges, the applicable subheading will be 6115.92.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted: Other: Of cotton: Surgical stockings with graduated compression for orthopedic treatment.” The rate of duty will be Free.
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 Kenneth Reidlinger at 212-637-7084.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division