CLA-2-61:OT:RR:NC:TA:348
Mr. Milton Tamamoto
Nippon Express USA, Inc.
230-19 International Airport Center Blvd.
Suite 100
Jamaica, NY 11413
RE: The tariff classification of hosiery from Japan
Dear Mr. Tamamoto:
In your letter dated July 15, 2009, on behalf of your client Gunze, you requested a tariff classification ruling.
The submitted sample, Gunze Leg Science, is knee high hosiery. They are composed of nylon and polyester. In your letter you indicate, the hosiery is compressed in the ankle at 18 mm Hg and in the calf at 14 mm Hg.
Since the item is 14-18 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 applicable subheading for Guanze Leg Science will be 6115.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), provides for panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied knit soles, knitted or crocheted: other graduated compression hosiery: of synthetic fibers. The duty rate will be 14.6% ad valorem.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
It should also be noted that there is no country of origin marking on the sample that you have submitted. Your client should be aware that all goods imported to the United States are subject to country of origin marking unless specifically exempted.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
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 Rosemarie Hayward at (646) 733-3064.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division