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February 24, 1999

CLA-2-62:RR:NC:TAB:354 D84783

CATEGORY: CLASSIFICATION

TARIFF NO.: 3005.90.5090; 6114.30.3060; 6212.20.0020

Ms. Marianne Meyer
Trade Commission of Denmark
World Houston Plaza
15710 JFK Boulevard Suite 260
Houston, Texas 77032-2346

RE: The tariff classification of garments and bandage from Denmark.

Dear Ms. Meyer:

In your letter dated November 12, 1998, on behalf of ETO Garments ApS, you requested a classification ruling.

Each of the four items submitted is constructed with a finely knit 60% nylon 40% spandex fabric. ETO Model 202 is an elasticized bandage used variously to support muscles after face-lift surgery, to maintain placement after protruding ear surgery, to cover and hold skin grafts for burn or birthmark treatment, and for post-procedural treatment after excess skin removal under the chin. The bandage is put up in individual packing and sold solely through professional distributors within the medical field. The distributors deal directly with doctors and hospitals. Application of the product will be under the guidance of a medical professional.

ETO Model 102 is a girdle which features an 8cm wide heavily elasticized waistband, two 44cm long zippers extending from the waist down the middle of each leg, a two-ply front panel and open crotch.

ETO Model 503 is a long leg girdle that features a 5cm wide heavily elasticized waistband, a 25cm long metal hook and double eye front closure, open crotch and lace-like trim at the leg openings. The Model 402 male compression vest, is worn after surgical procedures. It has two front and one rear panel, extends to the waist, is sleeveless and has a round neckline. It features a full front zipper underneath which is an attached 3x16 inch pad secured by hook and loop closures.

The applicable subheading for the Model 202 will be 3005.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for Wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes: other. The rate of duty will be free.

The applicable subheading for Model 102 & 503 will be 6212.20.0020, HTS, which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: girdles and panty-girdles. The duty rate will be 22.5 percent ad valorem.

The applicable subheading for the Model 402 male compression vest, will be 6114.30.3060, HTS, which provides for “Other garments, knitted or crocheted: Of man?made fibers: Other... Other: Men’s or boys’. The rate of duty will be 15.5% 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 Brian Burtnik at 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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