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June 11, 1999

CLA-2-61:RR:NC:3:353 E82593

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.93.3000, 6115.93.9020

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

RE: The tariff classification of compression hosiery from Italy.

Dear Mr. Miesen:

In your undated letter received by this office on May 25, 1999 you requested a tariff classification ruling. A sample was supplied of style Soft 241.

Style Soft 141 single leg hosiery is composed of 63% polyamide/38% elastane fabric, decitex is 486 . It features a covered heel, open toes and an elastic belt at the waist. It supplies compression in the range of 20-30 mm mercury and is prescribed by a physician.

Style Soft 241 single leg hosiery is composed of 63% polyamide/38% elastane fabric, decitex is 486 It features a covered heel, open toes and an elastic belt at the waist. It supplies compression in the range of 30-40 mm mercury and is prescribed by a physician.

Style Strong 261 single leg hosiery is composed of 63% polyamide/38% elastane fabric, decitex is 2700 . It features a covered heel, open toes and an elastic 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 Style Soft 141 single leg hosiery does not meet required compression ranges, the applicable subheading will be 6115.93.9020, 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: Other: Of synthetic fibers: Other: OtherÂOther.” The rate of duty will be 15% ad valorem.

The Styles Soft 241 and Strong 261 single leg hosiery meet required compression ranges, the applicable subheading will be 6115.93.3000, 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: Other: of synthetic fibers: Surgical stockings 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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