CLA-2-63:OT:RR:NC:N3:351
Sandra Tovar
CST, Inc.
500 Lanier Ave., W. Suite 901
Fayetteville, GA 30214
RE: The tariff classification of compression gauntlets from Switzerland or Brazil
Dear Ms. Tovar:
In your letters dated March 13 and April 14, 2009, you requested a tariff classification ruling on behalf of your client, Sigvaris, Inc., of Switzerland.
You submitted four samples of compression items to be worn after surgery or for other medical issues. You state that they are similar to medical compression hosiery but are worn on the arm and hand. The fiber content of each is listed as 70% polyamide/30% Elastodine, an elastomeric fiber. The retail packages state “Made in Switzerland” but your letter states they may also be made in Brazil.
Style 503G is a knit gauntlet made to be worn on the hand, with compression of 30-40 millimeters of mercury (mmHG). It has a separate thumb opening.
The applicable subheading for Style 503G will be 6116.93.8800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: without fourchettes. The duty rate will be 18.6% ad valorem.
Style 901A is a knit arm sleeve that extends from the shoulder to the wrist, with compression of 20-30 mmHG.
Style 902B, arm sleeve with gauntlet, extends from the upper arm to the wrist and then over the palm and back of the hand, with a separate thumb coverage to the first knuckle. The compression is 30-40 mmHG on the arm.
Style 503BL1 is an arm sleeve that extends from the shoulder to the wrist and then over the palm and back of the hand, with a separate thumb coverage to the first knuckle. The shoulder coverage is held in place with an elastic strap that wraps around the upper torso and buttons to the sleeve. The compression is 30-40 mmHG on the arm.
In a telephone conversation with this office, you stated that for styles 902B and 503BL1, the gauntlet (the hand coverage) serves only to anchor the sleeve, that there is no functional compression of the hand.
The applicable subheading for Styles 901A, 902B, and 503BL1 will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.
Your original letter asked if any of the samples would be entitled to duty-free treatment under subheading 9021.90.8100, HTSUS, which provides for “other” appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability and parts and accessories thereof. Please note that Chapter 90 Note 1(b) excludes “Supporting belts or other support articles of textile materials whose intended effect on the organ to be supported or held derives solely from their elasticity.” In accordance with that note, none of the samples would be classified in heading 9021, HTSUS.
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 Mitchel Bayer at 646-733-3102.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division