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NY M87061

October 24, 2006

CLA-2-61:RR:NC:3:353 M87061


TARIFF NO.: 6115.11.0010

Mr. John Nagel
Hanesbrands, Inc.
1000 East Hanes Mill Road
Winston-Salem, NC 27105

RE: The tariff classification of tights from El Salvador.

Dear Mr. Nagel:

In your letter dated September 18, 2006, you requested a tariff classification ruling. The sample is being retained by this office.

The submitted sample, style 0B018 is best described as footless tights constructed of 87% nylon and 13% spandex knit fabric. The tights extend to mid-thigh, feature a sewn-in gusset, invisible leg bands and graduated compression. The tights measure less than 67 decitex.

The applicable subheading for style 0B018 will be 6115.11.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied knit soles, knitted or crocheted: pantyhose and tights: of synthetic fibers, measuring per single yarn less than 67 decitex, tights. The rate of duty 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/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 6115.10.1000 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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