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NY L84163

July 22, 2005

CLA-2-61:RR:NC:3:353 L84163


TARIFF NO.: 6115.99.1820

Ms. Fanny Chung
Gold Toe Brands, Inc.
661 Plaid Street
Burlington, NC 27215

RE: The tariff classification of socks from China.

Dear Ms. Chung:

In your letter dated April 14, 2005 you requested a classification ruling. The ruling was delayed pending Customs laboratory analysis of the textile fibers. The samples were destroyed in testing.

The submitted samples are Styles 3950 and AM132 Socks. You state that Style 3950 Women’s Micro-modal Knee-Hi/Trouser Sock is made of knit 71% micro-modal fiber, which you claim is a vegetable fiber, 24% nylon and 5% spandex fibers; laboratory analysis reveals the sock is constructed of knit 69.6% rayon staple, 25.6% nylon filament and 4.8% elastic monofilament fibers. The knee-high sock is over 67 decitex. You state that the Style AM132 Men’s “Bamboo Cushion Crew” sock is made of knit 50% bamboo vegetable fiber, 34% nylon, 15% spandex and 1% polyester fibers; laboratory analysis reveals the sock is constructed of knit 79.5% rayon, 14.6% nylon filament, 5.5% elastic yarn and 0.4% polyester filament fibers. The crew sock is over 67 decitex. Both socks are considered as made of rayon, an artificial fiber.

The applicable subheading for the Styles 3950 and AM132 Socks will be 6115.99.1820, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted: Other: Of other textile materials: Of artificial fibers: Other, Other.” The duty rate will be 14.6 percent ad valorem.

Styles 3950 and AM132 Socks fall within textile category designation 632. 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.

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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