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NY L85620




July 13, 2005

CLA-2-61:RR:NC:3:353 L85620

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.93.9020

Mr. Charles G. Hartill
Capital Transportation Customs Clearance Services, Inc. 167-18 146th Avenue
Jamaica, NY 11434-5204

RE: The tariff classification of hosiery from Brazil, Taiwan, Korea or China.

Dear Mr. Hartill:

In your letter dated June 15, 2005, on behalf of Ballet Makers Inc., you requested a tariff classification ruling.

The submitted samples are Style Numbers H07 (Adult) and HO7C (Child) Footundeez, which you describe as a “dance shoe.” The Footundeez are constructed of knit nylon and spandex with two suede sole patches and an elastic topline. The item molds to the foot, and fits over the ball and top of the foot and has two openings, one for the large toe and another for the remaining for toes. The www.capeziodance.com web site describes the item as follows:

Footundeezoffers a barely there look that is breathable, comfortable, and provides just the right amount of traction. We combined a stretch sole material with duet suede sole patchesthat allows us to build protective footwear that molds and moves with the foot. The supple, suede sole patches are placed in areas dancers need protection the most, and the stretch sole material gives your feet total freedom of movement and excellent floor feel. A plush elastic forms a topline that is secure and comfortable. An upper made of four way stretch mesh nylon with Lycra® is fully breathable and non-abrasive. A smart choice for many disciplines of dance including modern, lyrical, jazz, acro, yoga and Pilates. Wear Footundeez barefoot or inside your favorite dance, gym or street shoe for added protection.

Although you describe the item as a “dance shoe,” it does not have an outer sole that encompasses the entire underfoot and is not classifiable in Chapter 64.

The applicable subheading for Style Numbers H07 (Adult) and HO7C (Child) Footundeez will be 6115.93.9020, 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 synthetic fibers: Other: Other, Other.” The rate of duty will be 14.6 percent ad valorem.

Style Numbers H07 (Adult) and HO7C (Child) Footundeez 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.

Sincerely,

Robert B. Swierupski
Director,

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