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NY L80936

December 2, 2004

CLA-2-64:RR:NC:247: L80936


TARIFF NO.: 6406.99.1540

Mr. John Pellegrini
McGuire Woods
1345 Avenue of the Americas
New York, NY 10105-0106

RE: The tariff classification of gaiters from China.

Dear Mr. Pellegrini:

In your letter dated November 17, 2004, you requested a tariff classification ruling on behalf of Paris Accessories, Inc., for an item that you refer to as a gaiter, Style No. 1963BC, made of a knit 95/5 polyester/spandex blend. It covers the bottom part of the leg, extending from under the instep of the foot to about mid-calf. It does not cover the front section of the foot, the toes or the heel.

The applicable subheading for Style No. 1963BC will be 6406.99.1540, Harmonized Tariff Schedule of the United States, (HTS), which provides for parts of footwear, removable insoles, heel cushions and similar articles; gaiters, leggings and similar articles, of textile materials, of man-made fibers, other than leg-warmers, other. The general rate of duty will be 14.9 percent ad valorem.

Style No. 1963BC falls within textile category designation659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

The submitted sample is not marked with the country of origin. Therefore, if imported as is, will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the footwear would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article."

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, Richard Foley at 646-733-3042.


Robert B. Swierupski

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