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August 17, 1999

CLA-2-62:RR:NC:3:353 E85669

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9510

Ms. Carol Ritchings
Conair Corporation
150 Milford Road
East Windsor, NJ 08520

RE: The tariff classification of a cotton bootie from China.

Dear Ms. Ritchings:

Ruling NY 83136, dated June 21, 1999, contained a clerical error. Model PB10CB Cotton Bootie was said to fall within textile category designation 659, which was a typographical error. The ruling should have read textile category designation 359. The corrected ruling follows:

The item is a Model PB10CB Cotton Bootie, which is part of a Model PB10B Paraffin Bath Unit. The Bath Unit consists of Model PB10W Paraffin Bath Wax, Model PB10CM Cotton Mitts, Model PB10CB Cotton Bootie and Model PB10PL Plastic liners. You requested classification of the items imported separately, and together as part of the Bath Unit. The four items, imported separately, will be the subject of individual rulings. However, this office cannot classify the items imported as the Model PB10B Paraffin Bath Unit unless a ruling request is made to Customs accompanied by a sample of the Bath Unit, packaged, in its imported condition.

The submitted sample, a Model PB10CB Cotton Bootie, is constructed of woven 100% cotton terry fabric. It is shaped for the foot, has a single seam down the center, piped opening and a hook and loop closure on the inner upper front of the opening to help secure the bootie to the ankle.

The Explanatory Notes to 62.17 state, “The heading covers, inter alia: (12) Stockings, socks and sockettes (including those of lace) and footwear without an outer sole glued, sewn or otherwise affixed or applied to the upper, excluding babies’ booties.”

The applicable subheading for the Model PB10CB Cotton Bootie will be 6217.10.9510, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: OtherOf cotton.” The duty rate will be 15% ad valorem.

The Model PB10CB Cotton Bootie falls within textile category designation 359. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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