The tariff classification of a compression garment from China

N353182 September 19, 2025 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9891; 9903.01.24; 9903.01.25; 9903.88.15 Mr. George Borak Amerx Health Care Corp. 164 Douglas Road East Oldsmar, FL 34684 RE: The tariff classification of a compression garment from China Dear Mr. Borak: In your letter dated September 2, 2025, you requested a tariff classification ruling. Samples of the product were provided to this office and will be retained for training purposes. The sample, SKU #E50145, size 5, described as a “Extremit-Ease Night Compression Garment,” is a 2-piece textile unisex compression unit consisting of a leg sleeve and an oversleeve that can be worn on either leg. The open-toe, boot shaped tubular compression sleeve is designed to be worn from the mid-calf to the forefoot. The boot shaped tubular oversleeve is designed to be worn over the compression sleeve to keep it clean and aid in ambulating. The sleeve and oversleeve are intended to provide nighttime compression to individuals with lymphedema and chronic venous insufficiency. The compression sleeve provides between 15mmHg to 25mmHg of compression, which starts firm at the forefront and loosens up the leg. The oversleeve provides an additional 8mmHg to 10mmHg of compression to the wearer when worn together with the compression sleeve. The compression sleeve consists of three layers of tufted buttresses: an outer layer of 78 percent nylon and 22 percent spandex woven fabric, a middle layer of polyurethane stretchable foam, and an inner layer of 87 percent nylon and 13 percent spandex woven fabric. The compression sleeve measures 21 inches in length by 13 inches in width and features a 10-inch zipper with two polypropylene pull extensions tied to the zipper opening and a PVC “AmerX Healthcare X” logo sewn on the outside of the item. The oversleeve is composed of a double layer of 87 percent nylon and 13 percent spandex knitted fabric. The oversleeve measures 20 inches in length by 13 inches in width and features a polyurethane traction pad sewn to the bottom of the foot to help prevent slippage on hard surfaces. The SKU number will be delineated by the size (3, 4, 5, or 6) of the item. The applicable subheading for the “Extremit-Ease Night Compression Garment” will be 6307.90.9891, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” The general rate of duty will be 7 percent ad valorem. In your submission you also requested consideration of a secondary classification under subheading 9817.00.96, HTSUS, which provides for “Articles specifically designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons; parts and accessories (except parts and accessories of braces and artificial limb prosthetics) that are specially designed or adapted for use in the foregoing articles: Other.” We disagree. We hold the opinion that these items are not “specifically designed or adapted” for the handicapped and that they are general enough in nature that they lack the characteristics “that create a substantial probability of use by the chronically handicapped” and are not “easily distinguishable from articles useful to the general public,” to the extent that the “use thereof by the general public is so improbable that it would be fugitive.” See Implementation of the Nairobi Protocol, T.D 92-77, Customs Bulletin & Decisions Volume 26, 1992. Therefore, the secondary classification of 9817.00.96, HTSUS, would not apply to the compression garment. Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings 9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition to subheading 6307.90.9891, HTSUS, listed above. Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from China, Hong Kong, and Macau will be subject to an additional ad valorem rate of duty of 10 percent. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition to subheading 6307.90.9891, HTSUS, listed above. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 6307.90.9891, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 6307.90.9891, HTSUS, listed above. The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/programs-administration/trade-remedies, respectively. The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Kristine Dodge at kristine.dodge@cbp.dhs.gov. Sincerely, (for) Denise Faingar Acting Director National Commodity Specialist Division