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Court Rules on Classification of Graduated Compression Items

Thursday, June 01, 2017
Sandler, Travis & Rosenberg Trade Report

The Court of International Trade has ruled that certain models of graduated compression arm sleeves and gauntlets are specially designed for the use or benefit of handicapped person and therefore qualify for duty-free treatment under HTSUS 9817.00.96. The court determined that these items are specially designed for the long-term management of upper limb lymphedema, which can render a person physically handicapped within the meaning of this subheading, and do not resemble any garments ordinarily worn by the general public.

However, the CIT also said U.S. Customs and Border Protection properly classified certain models of graduated compression hosiery under HTSUS 6115.10.40 (14.6 percent duty). The court said these items are specifically designed to address symptoms of the early stages of chronic venous disease, which does not render individuals physically handicapped within the meaning of HTSUS 9817.00.96.

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