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NY K89519




October 14, 2004

CLA-2:RR:NC:3:353 K89519

CATEGORY: CLASSIFICATION

Mr. Charles D. Ashear
Paris Asia, Ltd.
350 Fifth Avenue – Floor 70
New York, NY 10118

RE: The tariff classification of socks from China.

Dear Mr. Ashear:

In your letter dated September 10, 2004 you requested a tariff classification ruling. As requested, the samples will be returned to you.

The submitted samples, Style Nos. CG350R-8 Snowman and CG350R-9 Snowman Trio Socks are constructed of various blends of acrylic, nylon, polyester, spandex with 1% rubber knit fabric. The calf-length socks do not contain any lace or net.

The applicable subheading for the Style Nos. CG350R-8 Snowman and CG350R-9 Snowman Trio Socks will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks and other hosieryknitted or crocheted: Other: Of synthetic fibers: Other: Other, Other.” The rate of duty will be 14.6% ad valorem.

Style Nos. CG350R-8 Snowman and CG350R-9 Snowman Trio Socks are not subject to quota or the requirement of a visa.

Regarding Style No. CG350R-7 Holiday Presents Sock, the issue of the scope of the term “festive articles” under 9505 is currently pending before the United States Court of Appeals for the Federal Circuit in the matter of Park B. Smith Ltd. V. United States, Court of Appeals No. 01-1578 (cross appeal # 01-1586). Section 177.7, Customs Regulations (19 CFR 177.7) provides that rulings will not be issued in certain circumstances. Section 177.7(b) states, in pertinent part, the following:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom.

In light of the prohibition set out in 19 CFR 177.7(b), and as the instant ruling request is closely related to the issue presently pending in the Court of Appeals, we are unable to issue a ruling letter to you with respect to Style No. CG350R-7 Holiday Presents Sock.

When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling for Style No. CG350R-7 Holiday Presents Sock. If you decide to resubmit your request, please include all materials that we have returned to you and mail your request to Director, National Commodity Specialist Division, Bureau of Customs and Border Protection, Attn: CIE/Ruling Request, One Penn Plaza, 10th Floor, New York, NY 10119.

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.

Sincerely,

Robert B. Swierupski
Director,

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