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NY 861297

April 29, 1991

CLA-2-61:S:N:N3I:361 861297

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.19.0010

Dolores Strick
Gilda Marx Industries
11755 Exposition Blvd.
Los Angeles CA 90064

RE: The tariff classification of a pair of knit tights from Taiwan.

Dear Ms. Strick :

In your letter dated March 8, 1991, you requested a classification ruling.

The submitted sample, style number 4710, is a pair of women's knit tights manufactured from a 54% cotton/36% polyester/10% spandex knit fabric. The tights have an openwork knit trim of 86% nylon/14% spandex. The tights conform to the contours of the body, and contain a diamond shaped gusset in the crotch. You have noted in your letter that the garment was designed specifically for exercise wear and will be sold in dance and hosiery departments. Although you stated in your letter that the decitex of the cotton/polyester yarn is 52, laboratory analysis determined that it is actually 204.7.

The applicable subheading for style number 4710 will be 6115.19.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for knit tights of cotton. The rate of duty will be 17 percent ad valorem.

Style number 4710 falls within textile category designation 359. Based upon international textile trade agreements, products of Taiwan are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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