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NY K89476





October 6, 2004

CLA-2-61:RR:NC:3:353 K89476

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.12.2000, 6115.93.9020

Mr. Charles E. Handschin
Sigvaris, Inc.
1119 Highway 74 S
Peachtree City, GA 30269

RE: The tariff classification of graduated support pantyhose and stockings from Brazil.

Dear Mr. Handschin:

In your letter dated September 10, 2004, you requested a classification ruling.

The submitted samples are Delilah Items Classic Pantyhose, Classic Thigh-Hi Stocking and Classic Knee-Hi Stocking. All three items are greige goods and are made of 75% yarns over 67 decitex and 25% yarns less than 67 decitex. They provide 15-20 mm Hg graduated compression. The Classic Pantyhose are constructed of knit 80% nylon and 20% spandex. The Classic Thigh-Hi Stocking is constructed of knit 71% nylon, 17% spandex and 12% silicone. The Classic Knee-Hi Stocking is constructed of knit 71% nylon and 29% spandex.

You have informed this office that a Customs port had advised you that the items were classified under subheading 6117.90.9090. However, these greige goods, are merely not dyed and are clearly identifiable as hosiery at the time of importation. General Rule of Interpretation (GRI) 2 (a) states, “Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article” Based on the samples supplied and information provided, the samples have the essential character of the finished item.

The Sigvaris Samson and Delilah Product Series Information Guide states that the items are used for tired, aching legs and varicose veins and can prevent and treat venous symptoms, reduce mild ankle swelling, and reduce progression towards varicose veins. The items offer over-the-counter convenience with 15-20 mm Hg of graduated compression when fitted according to the guidelines on the package.

The items are 15-20 mm Hg graduated compression, they are not considered surgical graduated compression panty hose or hosiery. Surgical graduated compression panty hose and hosiery have a minimum compression of 20-30 mm Hg, are principally used for orthopedic purposes, primarily prescribed by a physician to prevent or correct bodily deformities and the consequences associated with venous disease, and measured and fitted by trained personnel. The items in question are for more general use, and are not prescribed by a physician or fitted as specifically as surgical graduated compression panty hose or hosiery.

The applicable subheading for the Delilah Classic Pantyhose will be 6115.12.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks and other hosieryknitted or crocheted: Panty hose and tights: Of synthetic fibers, measuring per single yarn 67 decitex or more: Other.” The rate of duty will be 14.9% ad valorem. The textile category designation is 659.

The applicable subheading for the Delilah Thigh-Hi Stocking and Knee-Hi stocking will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks and other hosieryknitted or crocheted: Other: Of synthetic fibers: Other: Other, Other. ” The rate of duty will be 14.6% ad valorem. The textile category designation is 632.

The Classic Pantyhose, Classic Thigh-Hi Stocking and Classic Knee-Hi Stocking are currently not subject to quota or the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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