The tariff classification of graduated support pantyhose and knee-hi stockings from Brazil.

NY K80778 December 11, 2003 CLA-2-61:RR:NC:3:353 K80778 CATEGORY: Classification TARIFF NO.: 6115.12.2000, 6115.93.9020 Mr. Charles E. Handschin Sigvaris, Inc. 1119 Highway 74 South Peachtree City, GA 30269 RE: The tariff classification of graduated support pantyhose and knee-hi stockings from Brazil. Dear Mr. Handschin: In your letter dated November 25, 2003 you requested a tariff classification ruling. As requested, the samples will be returned to you. The submitted samples are Delilah Items 140P Classic Pantyhose, 140Q Classic Queensize Pantyhose, 140C Classic Knee-Hi Stockings. All items are made of 75% yarns over 67 decitex and provide 15-20 mm Hg graduated compression. Items 140P Classic Pantyhose and 140Q Classic Queensize Pantyhose are constructed of knit 80% nylon and 20% spandex. Item 140C Classic Knee-Hi Stockings is constructed of knit 71% nylon and 29% spandex. Advertising literature 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. They 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 Items 140P Classic and 140Q Queensize 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…knitted or crocheted: Panty hose and tights: Of synthetic fibers, measuring per single yarn 67 decitex or more: Other.” The 2003 rate of duty will be 15.1% ad valorem. The 2004 rate of duty will be 14.9% ad valorem. The textile category designation is 659. The applicable subheading for the Delilah Items140C Classic Knee-Hi Stockings will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks and other hosiery…knitted or crocheted: Other: Of synthetic fibers: Other: Other, Other. ” The 2003 rate of duty will be 14.7% ad valorem. The 2004 rate of duty will be 14.6% ad valorem. The textile category designation is 632. Brazil is a member of the World Trade Organization (WTO), and the pantyhose, stockings and socks are not subject to quota or the requirements of a visa. 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, National Commodity Specialist Division