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NY N004757




January 11, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.12.2000

Janette Chakeres
Discovery Direct, Inc.
335 Wedgewood Drive
Easton, PA 18045

RE: The tariff classification of pantyhose from Italy.

Dear Ms. Chakeres:

In your letter dated December 5, 2006, you requested a tariff classification ruling. As requested, the samples will be returned to you.

The submitted samples, Articles SCOMP-03, SCOMP-01 and SMAT-03, are called stockings, but are actually pantyhose. The pantyhose will be sold via the Internet and through health and beauty mail order catalogues.

Article SCOMP-03, part of the Prevention Line, is a 70 denier pantyhose constructed of knit 82% nylon and 18% elastane. It features a control top underwear panel, gusset, sewn-in heel sack and graduated compression of 7-12 mmHg. It is marketed as useful for prevention of varicose veins, helping to promote leg circulation, and keeping legs feeling light and energized.

Article SCOMP-01, part of the Therapy Line, is a 140 denier pantyhose constructed of knit 80% nylon and 20% elastane. It features a control top underwear panel, gusset, sewn-in heel sack and graduated compression of 10-17 mmHg. It is marketed as useful for preventing deep vain thrombosis, reducing minor varicose veins and preventing new ones, relief of swelling in the ankles and legs, and for post operation use after a vein procedure.

Article SMAT-03, part of the Maternity Support Line, is a 70 denier pantyhose constructed of knit 80% nylon and 20% elastane. It features an elastic pouch area to accommodate a growing abdomen, sewn-in heel sack and compression of 12 mmHg at the ankle. It is marketed as preventing on-set varicose and spider veins, as well as swollen, heavy legs often associated with pregnancy.

You suggest classification in subheading 6115.12.1000 as surgical panty hose with graduated compression for orthopedic treatment.

Although the SMAT-03 has ankle compression, it does not have graduated compression; only the SCOMP-03 and SCOMP-01 have graduated compression. However, the pantyhose are not considered surgical graduated compression panty hose or hosiery for orthopedic treatment. 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 are measured and fitted by trained personnel. The pantyhose in question are for more general use, and are not prescribed by a physician or fitted as specifically as surgical graduated compression pantyhose or hosiery.

The applicable subheading for Articles SCOMP-03, SCOMP-01 and SMAT-03 will be 6115.12.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veinsknitted 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 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes was sent to the President for proclamation of the changes. By law, the President cannot proclaim the implementation of these latter amendments in the HTS until a required 60-legislative-day Congressional layover period is completed. We understand that the layover period has been completed. Accordingly, the recommended changes will become law after they are proclaimed by the President. The effective date of those changes will be specified in the Presidential proclamation. In addition, at that time, the United States International Trade Commission will post an updated electronic version of the 2007 HTSUS on its website, www.usitc.gov, and the Government Printing Office will publish a hard-copy version of the 2007 HTS.

Once those changes are in effect, it is anticipated that your merchandise will be classified as follows: the SCOMP-03 and SCOMP-01 in 6115.10.10, and the SMAT-03 in 6115.22.00 HTSUS. Under the circumstances, this information is advisory only.

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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