CLA-2-63:OT:RR:NC:N3:351
Ms. Amanda J. Bunn
JT Enterprises, LLC
P.O. Box 1213
Lockport, NY 14095
RE: The tariff classification of a shin sleeve and cooling packets
Dear Ms. Bunn:
In your original letter dated January 20, 2012, you requested a tariff classification ruling.
You submitted a sample of a shin compression sleeve, product number 1106, that is sold with four reusable dry ice packets. You state that the sleeve, from a line of products you call Runner’s Remedy, “combines compression and low-profile icing therapy for those who have been affected by running-related injuries.”
The sleeve is made up of knit textile fabric of 80% nylon and 20% spandex in a tubular shape. It measures 12” x 3-1/2” in the flattened state, with a 5” pocket sewn on in the middle. By itself, the sleeve provides compression to a bruise.
The sleeve is packaged with packets containing polymer crystals. When a packet is placed in water, the crystals absorb moisture and become a gel; the packet is then placed in the freezer. The frozen packet is then placed in the pocket on the sleeve, providing hands-free application of the ice pack.
The applicable subheading for the shin sleeve or the sleeve and the icing packets, when imported and sold together, will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.
The applicable subheading for the packets of polymer crystals, if imported separately from the sleeve, will be 3926.90.9980, HTSUS, which provides for other articles of plastics, and articles of other materials of headings 3901 to 3914. The rate of duty will be 5.3% ad valorem.
You suggest that this sleeve for the shin might be classified in subheading 6115.10.0500, HTSUS, which provides for “Surgical panty hose and surgical stockings with graduated compression for orthopedic treatment.” It is the position of CBP that surgical compression hosiery, because of their construction and application of use, are more than simply compression stockings. The 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.
You state that you import similar items for other body parts (arch, calf, Achilles). This ruling letter addresses only the shin wrap. If you wish to request a classification of any of the other wraps, please provide samples to this office, attention: Binding Rulings Clerk.
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 sample will be retained as part of our official case file.
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