CLA-2-61:OT:RR:NC:TA:348
Mr. Jason M. Waite
Alston & Bird LLP
The Atlantic Building
950 F Street, NW
Washington, DC 20004-1404
RE: The tariff classification of of men’s athletic socks from China.
Dear Mr. Waite:
In your letter dated April 8, 2009, on behalf of your client GoldToeMoretz, LLC, you requested a tariff classification ruling.
The submitted sample, identified as style UA3442, is a pair of men’s sport socks. It is composed of 93% nylon and 7% spandex. In your letter you indicate, the socks are compressed in the ankle at 15.71 mm Hg and in the calf at 21.89 mm Hg. The socks will be marketed for use after intense training or competition for the purpose of revitalizing muscles in the lower legs.
Since the items are 15-21 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 style UA3442 will be 6115.96.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pantyhose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted
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).
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 Rosemarie Hayward at (646) 733-3064.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division