CLA-2-61:OT:RR:NC:N3:348
Mr. John Peterson
Neville Peterson LLP
17 State Street
19th Floor
New York, NY 10004
RE: The tariff classification of graduated compression hosiery from unknown origin.
Dear Mr. Peterson:
In your letter dated November 8, 2012, on behalf of your client, Total Vein Systems Inc., you requested a tariff classification ruling. The samples are being returned to you as requested.
The submitted sample, “Surgeon’s Choice”, is a thigh-length hosiery composed of 72% nylon 28% spandex knit fabric. You state the stocking will have a graduated compression of 20-30 or 30-40 mm Hg, with the strongest compression being applied to the foot and ankle, gradually decreasing as the stocking rises.
The submitted sample, “Boost”, is a calf-length hosiery composed of man-made knit fabric. You state the hosiery will be offer in two styles “Beginner” which will have a graduated compression of 15-20 mm Hg and “Professional” which will have a graduated compression of 20-30 mm Hg. The strongest compression being applied to the foot and ankle, gradually decreasing as the sock rises.
Your letter of inquiry states that it is your opinion that this hosiery would be classified under heading 6115.10.0500 of the Harmonized Tariff Schedule of the United States, (HTSUS) which provides for “Surgical panty hose and surgical stockings with graduated compression for orthopedic treatment.” We disagree with your proposed classification.
You state they are specially designed, intended and advertised primarily for use in preventing malformations, disease and disorders of the superficial venous system, particularly in athletes and other persons participating in activities. 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 will be sold at medical/surgical supply stores and on the internet, however, the socks are offered in “specific sizes and may be generally prescribed by a physician for patients who require compression but who lead an active lifestyle.”
In HQ 963517 and HQ 963518, Customs determined that physicians generally recommend graduated compression therapy as a treatment for venous insufficiency. We further recognized that graduated compression hosiery is generally available in three classes of compression; class I specifically covers a compression range of 20-30 mm Hg. We found that physicians generally prescribe compression stockings and that doctors indicated that patients generally find the hosiery uncomfortable and do not wear them unless directed by a doctor. Moreover, letters from medical authorities and conversations with medical professionals confirmed that certified and well-trained personnel must measure various parts of the foot and leg of a patient in order to obtain a proper fit for the stockings. We also found that pharmacies and medical supply companies prefer that a patient have a prescription that prescribes the amount of compression and noted that stockings obtained by prescription are often covered by insurance.
The applicable subheading for styles “Surgeon’s Choice” and “Boost” will be 6115.30.9010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other women’s full length or knee length hosiery, measuring per single yarn less than 67 decitex: other, of man-made fibers. The rate of duty will be 14.6% ad valorem.
You specifically propose a possible (secondary) classification of these items under HTSUS 9817.00.96 as articles for the handicapped.
We do not agree. Headquarters Ruling Letter H131516 KSG, dated March 1, 2011, concerned the applicability of HTSUS 9817.00.96 to compression hosiery, especially whether they are worn by those suffering from a physical impairment which substantially limits one or more major life activities in terms of HTSUS, Chapter 98, Subchapter 17, U.S. Note 4. We find that, regarding these items, as with those items, “It has not been shown that the compression hosiery described above are specifically designed for the use of a person who has little or no mobility.” While that applies to all the items here, it is extra clear for the Boost hosiery, described on the packaging as “Athletic Compression Therapy” and “Training and Recovery Socks for Optimal Performance.”
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/.
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,
Thomas J. Russo
Director
National Commodity Specialist Division