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NY M82369

May 8, 2006

CLA-2-61:RR:NC:3:353 M82369


TARIFF NO.: 6115.12.2000, 6111.30.5070

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

RE: The tariff classification of a pantyhose and sock set from China.

Dear Mr. Pellegrini:

In your letter dated April 7, 2006, on behalf of Paris Accessories, Inc., you requested a classification ruling. As requested, the samples will be returned to you.

The submitted sample, Style No. CM16059 Toddler Capri Tights and Socks, is constructed of knit 80% acrylic, 15% polyester and 5% spandex. The tights and socks are both 185 decitex. The tights (pantyhose) are color coordinated, and feature a self-waistband, hemmed bottom and gusset. The socks are ankle length. You state that Style No. CM16059 will also be produced in infant sizes.

The tights (pantyhose) and socks are packaged and sold at retail as a set and are considered goods put up in sets for retail sale. The tights (pantyhose) are of greater value and cover more of the wearer, and impart the essential character of the set

The applicable subheading for the Style No. CM16059 Toddler Capri Tights and Socks set will be 6115.12.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pantyhose, tights, stockings, socks and other hosieryknitted or crocheted: pantyhose and tights: of synthetic fibers, measuring per single yarn 67 decitex or more: other. The duty rate will be 14.9 percent ad valorem.

The applicable subheading for the Style No. CM16059 Infant Capri Tights and Socks set will be 6111.30.5070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of synthetic fibers: other, other: other. The duty rate will be 16 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Even though the Style No. CM16059 sock is included as a constituent part of the set for classification purposes, it still falls within textile categories 632 (toddler) and 239 (infant), and may be subject to textile quota and visa requirements, which 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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