CLA-2-61:RR:NC:3:353 K80446
Mr. Charles E. Handschin
Sigvaris, Inc.
1119 Highway 74
Peachtree City, GA 30269
RE: The tariff classification of graduated support pantyhose, stockings and socks from Brazil.
Dear Mr. Handschin:
In your letter dated October 30, 2003 you requested a tariff classification ruling. As requested, the samples will be returned to you.
The submitted samples are Delilah Items 140M Classic Maternity Pantyhose, 140S Sheer to Waist Pantyhose, 140N Classic Thigh-Hi Stockings, 141C Classic Ribbed Socks and Samson Item 180C Classic Ribbed Socks. All items are made of 75% yarns over 67 decitex and provide 15-20 mm Hg graduated compression. Items 140M Classic Maternity and 140S Sheer to Waist Pantyhose are constructed of knit 80% nylon and 20% spandex. Item 140N Classic Thigh-Hi Stockings is constructed of knit 71% nylon, 17% spandex and 12% silicone. Items 141C Classic Ribbed and 180C Classic Ribbed Socks are constructed of knit 88% nylon and 12% spandex.
Advertising literature states that the items are used for tired, aching legs and varicose veins and can prevent and treat venous symptoms, reduce mild ankle swelling, and reduce progression towards varicose veins. They offer over-the-counter convenience with 15-20 mm Hg of graduated compression when fitted according to the guidelines on the package
You suggest classification for all the items under subheading 6115.12.2000. This subheading is for pantyhose and tights and does not cover stockings or socks.
The items are 15-20 mm Hg graduated compression, they are not considered surgical graduated compression panty hose or hosiery. Surgical graduated compression panty hose and hosiery have a minimum compression of 20-30 mm Hg, are principally used for orthopedic purposes, primarily prescribed by a physician to prevent or correct bodily deformities and the consequences associated with venous disease, and measured and fitted by trained personnel. The items in question are for more general use, and are not prescribed by a physician or fitted as specifically as surgical graduated compression panty hose or hosiery.
The applicable subheading for the Delilah Items 140M Classic Maternity and 140S Sheer to Waist Pantyhose will be 6115.12.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks and other hosiery…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 15.1% ad valorem. The textile category designation is 659.
The applicable subheading for the Delilah Items140N Classic Thigh-Hi Stockings and 141C Classic Ribbed Socks, and Samson Item 180C Classic Ribbed Socks will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks and other hosiery…knitted or crocheted: Other: Of synthetic fibers: Other: Other, Other. ” The rate of duty will be 14.7% ad valorem. The textile category designation is 632.
Brazil is a member of the World Trade Organization (WTO), and the pantyhose, stockings and socks are not subject to quota or the requirements of a visa.
You requested classification of eight items. Ruling requests are limited to five items of the same class or kind. Therefore, we are returning Delilah Items 140Q Classic Queen Size Pantyhose, 140P Classic Pantyhose and 140C Classic Knee-hi Stockings. You may wish to consider resubmission of your request for classification of these items. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you, including samples.
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 646-733-3053.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division