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June 11, 1999

CLA-2-61:RR:NC:3:353 E82596

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 knee high 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. Samples were supplied of styles 151, 241 and 261.

Styles Soft 141 and 151 knee high hosiery are composed of 68% polyamide/32% elastane fabric, decitex is 486. They feature a covered foot and an elastic band at the top. They supply compression in the range of 20-30 mm mercury and are prescribed by a physician.

Styles Soft 241 and 251 knee high hosiery are composed of 62% polyamide/38 % elastane fabric, decitex is 486. They feature a covered heel, open toe and an elastic band at the top. They supply compression in the range of 30-40 mm mercury and are prescribed by a physician.

Style Strong 261 knee high hosiery is composed of 39% polyamide/30% elastodiene/ 29% polyester/2% elastane fabric, decitex is 2700 . It features a covered heel, open toe and an elastic band at the top. It supplies compression in the range of 30-40 mm mercury and is prescribed by a physician.

Style Strong 361 knee high hosiery is composed of 39% polyamide/30% elastodiene/ 29% polyester/2% elastane fabric, decitex is 3629. It features a covered heel, open toe and an elastic band at the top. It supplies compression in the range of 40-50 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 Soft 141 and 151 knee high hosiery do 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, 251 and Strong 261, 361 knee high 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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