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June 10, 1999

CLA-2-61:RR:NC:3:353 E82160

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.12.1000, 6115.12.2000

Mr. Tom Miesen
Gloria-Med America, Inc.
1813 E. John Sims Parkway
Suite 3
Niceville, FL 32578

RE: The tariff classification of compression panty hose from Italy.

Dear Mr. Miesen:

In your undated letter received by this office on May 24, 1999 you requested a tariff classification ruling. Samples were supplied of styles Lady Gloria 24 and Soft 151.

Style Lady Gloria 24 pantyhose is composed of 76% polyamide/24% elastane fabric, decitex is 226 . It features feet, a gusset and elasticized waist. It supplies compression in the range of 20-30 mm mercury and is prescribed by a physician.

Style Soft 151 pantyhose is composed of 68% polyamide/32% elastane fabric, decitex is 486 . It features feet, a gusset and a self-fabric belt at the waist. It supplies compression in the range of 20-30 mm mercury and is prescribed by a physician.

Style Soft 152 pantyhose is composed of 68% polyamide/32% elastane fabric, decitex is 486 . It features feet, a gusset and a self-fabric belt at the waist. It supplies compression in the range of 30-40 mm mercury and is prescribed by a physician.

It is Customs position that surgical compression hosiery, because of their construction and application of use, are more than simple compression stockings to treat varicose veins. The hosiery is made of heavy gauge, opaque, elasticized knit fabric, and is designed to supply compression in the range of 30-40mm mercury to 50-60mm 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.

The Styles Lady Gloria 24 and Soft 151 pantyhose do not meet required compression ranges, the applicable subheading will be 6115.12.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, 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 16% ad valorem.

The Style Soft 152 pantyhose meets required compression ranges, the applicable subheading will be 6115.12.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted: Panty hose and tights: Of synthetic fibers, measuring per single yarn 67 decitex or more: Surgical panty hose with graduated compression for orthopedic treatment.” The rate of duty will be Free.

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 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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