CLA-2-61:OT:RR:NC:N3:348

Mr. Mark Cooper
Darco International, Inc.
810 Memorial Blvd.
Huntington, WV 25701

RE: The tariff classification of hosiery from Taiwan.

Dear Mr. Cooper:

In your letter dated March 22, 2013, you requested a tariff classification ruling. The sample is being returned to you, as requested.

The submitted sample, “Plantar Fasciitis Sleeve”, is a toe-less ankle length sock composed of 76% nylon, 24% spandex. You state the sock will have a graduated compression of 20-30 mmHg.

Surgical graduated compression panty hose and hosiery have a minimum compression of 20-320mmHg, 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. Since the item is not prescribed by a physician nor measured and fitted by trained personnel, the item is not considered surgical graduated compression panty hose or hosiery.

The applicable subheading for style “Plantar Fasciitis Sleeve” will be 6115.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Panty hose, tights, stockings, socks and other hosiery, including graduated compression hosiery (for example, stockings for varicose veins) and footwear without applied soles, knitted or crocheted: Graduated compression hosiery (for example, stockings for varicose veins): Other graduated compression hosiery: Of synthetic fibers. The rate of duty will be 14.6% 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).

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,

Thomas J. Russo
Director
National Commodity Specialist Division