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NY J87254

September 10, 2003

CLA-2-61:RR:NC:3:353 J87254


TARIFF NO.: 6115.93.9020

Mr. Gordon Van Sise
KAT Import Brokers
Div. of Kamino International Transport, Inc. Airport Ind. Office park Bldg B4A
Valley Stream, NY 11581

RE: The tariff classification of sport socks from South Africa; eligibility for preferential tariff treatment under the African Growth and Opportunity Act.

Dear Mr. Van Sise:

In your letter dated August 15, 2003, on behalf of Falke Eurosocks, you requested a tariff classification ruling.

The submitted samples, Styles 8072, 8070, 8940, 7044 and 8934 are sport socks used for running and biking. The socks extend to the ankle. Style 8072 is constructed of knit 44% polyester, 43% nylon, 11% polyacrylic and 2% elastane fabric. Style 8070 is constructed of knit 54% nylon, 44% polyester and 2% elastane fabric. Style 8940 is constructed of knit 52% polyester, 46% nylon and 2% elastane fabric. Style 7044 is constructed of knit 79% polyester, 15% nylon, 4% polyacrylic and 2% elastane fabric. Style 8934 is constructed of knit 57% polyester, 14% polyacrylic, 14% cotton, 13% nylon and 2% elastane fabric.

The applicable subheading for the Styles 8072, 8070, 8940, 7044 and 8934 Sport Socks will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hosesockswithout applies solesknitted or crocheted: Other: Of synthetic fibers: Other: Other, Other.” The duty rate will be 14.7% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the eligibility of the merchandise for the African Growth and Opportunity Act (AGOA.). Your request for an eligibility ruling should include detailed information including:

A step-by-step account of the processing, including the country or countries where each process took place. The country of origin of the yarn, thread and fabric. If the item is knit to shape, where is it knit to shape? If the item is cut and sewn, what is cut and sewn and where is it cut and sewn? Is there any sewing performed on the item? If so, give details.

This office notes that you supplied an AGOA Textile Certificate of Origin with your ruling request. Is this an ongoing transaction?

When this information is available, you may wish to consider resubmission of your request for eligibility for preferential tariff treatment under the African Growth and Opportunity Act. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 646-733-3053.


Robert B. Swierupski

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