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NY L88487

November 22, 2005

CLA-2-64:RR:NC:SP:247 L88487


TARIFF NO.: 6406.99.1510 ; 6115.12.2000

Mr. Mickey Green
Commonwealth Hosiery Mills, Inc.
4964 Island Ford Rd.
Randleman, NC 27317-0939

RE: The tariff classification of leg-warmers and tights from China.

Dear Mr. Green:

In your letter dated November 1, 2005 you requested a tariff classification ruling for five submitted samples that you identify as three ladies leg-warmers, Style #’s 131, 190 and 189, and two ladies tights, Style #’s 186 and 188.

The three sample leg-warmers are all of tubular knit construction and they are made entirely of man-made textile fibers. You state that Style #131 is 60% Acrylic, 40% Poly; Style #190 is 72% Acrylic, 26% Nylon, 2% Metallic; Style #189 is 74% Acrylic, 26% Nylon. They are all designed to cover a part of the wearer’s leg, but not the foot.

The two ladies tights, identified as Style #186 and Style #188, are both composed of knit 72% Acrylic, 25% Polyester and 3% Spandex fabric. We will presume that the decitex measurement of both tights is 67 or more.

The applicable subheading for all three leg-warmers, identified as Style #’s 131, 190 and 189, will be 6406.99.1510, Harmonized Tariff Schedule of the United States (HTS), which provides for gaiters, leggings and similar articles of textile materials, which are leg warmers of man-made fibers. The duty rate will be 14.9% ad valorem. The textile category designation is 659.

The applicable subheading for the two ladies tights, identified as Style #’s 186 and 188, will be 6115.12.2000, HTS, which provides for “Panty hose hosiery Other: Of synthetic fibers, measures per single yarn 67 decitex or more: Other.” The duty rate will be 14.9% ad valorem. The textile category designation is 659.

The three leg-warmers and the two tights all fall within textile category designation 659. 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 Richard Foley at 646-733-3042.


Robert B. Swierupski

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