CLA-2-63:OT:RR:NC:N3:351
Ms. Sandra Tovar
CST, Inc.
500 Lanier Ave., West Suite 901
Fayetteville, GA 30214
RE: The tariff classification of a therapeutic compression sleeves from Israel
Dear Ms. Tovar:
In your letter dated June 8, 2012, you requested a tariff classification ruling on behalf of your client, 110%PlayHarder, of Ponte Vedra Beach, Fla.
You submitted samples of five compression items worn on the arm or leg. They are constructed of 70% polypropylene / 30% elastane (spandex) knit textile fabric with what you call “graduated compression.” They each contain a pocket for insertion of an ice pack; the ice pack itself was not included with the samples and will not be considered in this ruling. Each sleeve has “110%” knitted in. They may be worn by men or women.
Style UTR 2000, “Kick Back Quad Sleeve,” is a pair of upper-leg sleeves, 10” long, “targeting the hamstrings and quads,” according to your product literature. The pockets for the ice inserts are sewn inside and extend all around the sleeve, allowing the ice to be moved to any area.
UTR 4000, “Double Life Shin/Calf Sleeves,” is a pair of 11” long sleeves that are designed to be worn over the lower legs. The pockets are sewn inside and extend all around the sleeve.
UTR 3000, “Blitz Knee Sleeve,” for the anterior and posterior knee, is 10” long with an all-around ice pocket.
UTR 6000, “Bokator Elbow Sleeve,” is 8-1/2” long and is designed to fit from the forearm to above the elbow, targeting the elbow with an all-around ice pocket.
UTR 5200, “Alchemy Full-Length Arm,” comes in either left- or right-arm configuration. It measures approximately 17” long and is tapered to accommodate the shape of the arm from the bicep to below the elbow. It has separate pockets for ice packets in the bicep area and the elbow area.
The applicable subheading for the compression sleeves for both arms and legs, as described above, will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The general rate of duty will be 7% ad valorem.
You suggest that the proper classification for the sleeves is in subheading 6212.90.0030, HTSUS, which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: other, of man-made fibers or man-made fibers and rubber or plastics. However, these sleeves are not considered to be garments that support the body, nor are they articles that support an article of clothing. Therefore, they are not classifiable within heading 6212.
You mention that you believe the merchandise is eligible for duty-free status under the United States-Israel Free Trade Agreement (IFTA). In order to make this determination, this office will require the following information:
Complete manufacturing process for each item.
The country of origin of each component, beginning at the fiber stage (i.e., fibers, yarns, fabrics).
Will the completed items be imported directly from Israel (or directly from the West Bank, the Gaza Strip, or a qualifying industrial zone (QIZ) as defined in general note 3(a)(v)(G), HTSUS) into the customs territory of the United States?
The cost or value of the materials produced in Israel/Gaza/QIZ.
The direct costs of processing operations performed in Israel/Gaza/QIZ.
The cost or value of the materials produced in the non-originating countries (i.e., other than Israel/Gaza/QIZ).
The direct costs of processing operations performed in Israel/Gaza/QIZ pursuant to General Note 3(a)(v), HTSUS.
The cost or value of materials produced in the customs territory of the U.S.
The entered value of the garment.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.
The samples will be returned as you requested. If you decide to resubmit your request, please include all of the material that we have returned to you, including the samples, and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor,
One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you wish to obtain a ruling covering the sleeves with the reusable ice packs, you must submit a ruling request that includes the sleeve and the ice pack in retail packaging, if that is how they are imported.
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 Mitchel Bayer at (646) 733-3102.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division