CLA-2-61:RR:NC:BCH3:353 B87014
Mr. Jeroen Hondeman
International Trade Advisor
The Netherlands Chamber of Commerce
2015 South Park Place, Suite 110
Atlanta, GA 303339
RE: The tariff classification of Medical Stockings from the Netherlands
Dear Mr. Hondeman:
In your letter dated June 24, 1997, received in our office on July 8, 1997, you requested a tariff classification ruling. A sample of a medical compression stocking and a descriptive brochure was submitted.
Per our telephone conversation of July 25, 1997 your ruling request will cover the following styles with the noted features.
Style SOFT 141 18-21 mmHg below knee, mid thigh, thigh, thigh w/belt
68% polyamide, 32% elastane
Style SOFT 241 25-32 mmHg below knee, mid thigh, thigh, thigh w/belt
62% polyamide, 32% elastane
Style STRONG 261 25-32 mmHg below knee, mid thigh, thigh, thigh w/belt, pantyhose, maternity pantyhose, pantyhose for
a man
39% polyamide, 30% elastodiene, 29% polyester, 2% elastane
Style STRONG 361 36-46 mmHg below knee, med thigh, thigh, thigh w/belt, pantyhose, pantyhose for a man
39% polyamdie, 30% elastodiene, 29 % polyester, 2% elastane
Style THROMBOSIS 120 18 mmHg below knee, thigh, thigh w/belt,
80% polyamide, 20% elastane
We assume that the measurement per single yarn is 67 decitex or more.
The Harmonized Tariff System (HTS) since 1988 has provided for stockings for varicose veins in heading 6115. Customs classified surgical compression stockings in HTS heading 9021 and noted characteristics that distinguished them from support hosiery for varicose veins.
Surgical stockings and panty hose with compression were moved out of HTS heading 9021 to heading 6115 in 1993. The amendment to the tariff maintained the identical duty and quota treatment. Since the tariff provision in HTS 9021 was not quota restrained, neither was the merchandise in the new 6115 provision.
For the 1996 tariff, the text of the heading was reworded with renumbering the tariff item, indicating that the scope had not changed. The change in tariff description regarding compression hosiery have not affected the Customs view that they remain separate and distinct articles of commerce from support hosiery for the treatment of varicose veins.
It is Customs position that surgical compression hosiery, because of their construction and application of use were more than simply compression stockings to treat varicose veins. This hosiery is generally of heavy gauge, opaque, of elasticized knit fabric with either one-way or two-way stretch and is designed to supply compression in the ranges of 30-40 mm mercury to 50-60 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.
Clinical studies have indicated that surgical stockings for ambulatory patients have a minimum compression of 30mm mercury; have recommended compression figures well above 30mm mercury for the more serious venous disorders concluding that "a stocking giving less than 30 mm mercury at the ankle is only able to remove a small amount of vespertine ankle edema"; compression stockings of less than 30mm mercury are ineffective in the treatment of ambulatory venous disorders; and that hosiery of less than 30mm mercury for such applications as "for tired and heavy legs, mild swelling, prolonged sitting or standing, etc." are indicative of support hosiery rather than for the specific requirements of surgical stockings.
Styles SOFT 141, 241, 261 and THROMBOSIS 120 are not considered surgical panty hose or stockings with graduated compression for orthopedic treatment as they not prescribed by physicians and do not meet the required compression ranges. Style STRONG 361 meets the required compression ranges
The applicable subheading for Styles 141, 241, 261(below knee, mid thigh, thigh, thigh w/belt), and 120 will be 6115.93.9020, 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 synthetic fibers: Other: Other: Other.". The rate of duty will be 15.2 percent ad valorem.
The applicable subheading for Style 261(pantyhose, maternity pantyhose and pantyhose for a man) will be 6115.12.2000, 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: Panty hose and tights: Of synthetic fibers, measuring per single yarn 67 decitex or more: Other." The rate of duty will be 16.4 percent ad valorem.
The applicable subheading for Style 361(below the knee, mid thigh, thigh, thigh w/belt) will be 6115.93.3000 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: Of synthetic fibers: Surgical stockings with graduated compression for orthopedic treatment ." The rate of duty will be 2.3 percent ad valorem.
The applicable subheading for Style 361(pantyhose, pantyhose for a man) will be 6115.12.1000 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: Panty hose and tights: Of synthetic fibers, measuring per single yarn 67 decitex or more: Surgical panty hose with graduated compression for orthopedic treatment." The rate of duty will be 2.3 percent ad valorem.
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 Martin Weiss at 212-466-5881.
Sincerely,
Paul K. Schwartz
Chief, Textiles & Apparel Branch
National Commodity
Specialist Division