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NY F80388




December 28, 1999

CLA-2-61:RR:NC:3:353 F80388

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.12.2000

Mr. Alessandro Spada
Lord Lady, Inc.
777 N.W. 72nd Avenue
Showroom 2AA59
Miami, FL 33126

RE: The tariff classification of hosiery from Italy.

Dear Mr. Spada:

In your letter dated November 27, 1999, you requested a tariff classification ruling.

The submitted samples are 4 styles of lady’s pantyhose called Pin Up 30, Massage 30, Massage 70 and Massage 140.

The Pin Up 30 pantyhose are composed of 77% nylon/20% spandex/3% cotton fabric. The girdle is 70 denier (78 decitex) and the stocking is 30 denier (33 decitex). You state the item features a shaping panty, provides rest and comfort for the legs, stimulates blood flow, can be used for all occasions, and comes in a variety of colors.

The Massage 30 pantyhose are composed of 80% nylon/18% spandex/2% cotton fabric. The girdle is 150 denier (167 decitex) and the stocking is 30 denier (33 decitex). ). The item provides 6/7 mm mercury graduated hard compression. You state it features a reinforced toe, compresses and massages the tummy and hips by the movement of the body, and comes in a variety of colors.

The Massage 70 pantyhose are composed of 78% nylon/20% spandex/2% cotton fabric. The girdle is 150 denier (167 decitex) and the stocking is 70 denier (78 decitex). ). The item provides11/12 mm mercury graduated hard compression. Its other features are the same as the Massage 30 pantyhose.

The Massage 140 pantyhose are composed of 76% nylon/22% spandex/2% cotton fabric. The girdle is 150 denier (167 decitex) and the stocking is 140 denier (155 decitex). ). The item provides 18/21 mm mercury graduated hard compression. Its other features are the same as the Massage 30 pantyhose.

You state that the pantyhose are for personnel staff that are on their feet during working hours and also for patients who suffer from restricted circulation, adiposis, liquid retention and other circulatory problems. The pantyhose can also be used for those people who have had surgery for varicose veins, varix, and liposuction, and will be offered to the general public in stores that sell pantyhose. You state that while the pantyhose perform micromassage they prevent the formation of cellulite. In addition, they have the ability to prevent varicose veins and supply support. You believe the pantyhose should be exempt from Customs’ duties on the grounds that the consumer will use them for medical purposes.

There is no tariff provision for “medical hosiery”, only for “surgical compression hosiery.” 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 subject pantyhose are not considered “surgical compression hosiery.”

The applicable subheading for the Pin Up 30, Massage 30, Massage 70 and Massage 140 pantyhose 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 for 1999 and 15.7% for 2000.

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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