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NY A85274





July 24,1996

CLA-2-64:RR:NC:TP:346 A85274

CATEGORY: CLASSIFICATION

TARIFF NO.: 6406.99.1540

Ms. Donna Van Aernam
Swany America Corp.
Crossroads Industrial Park
P.O. Box 867,
Gloversville, NY 12078

RE: The tariff classification of a boot gaiter from China.

Dear Ms. Van Aernam:

In your letter dated June 29, 1996 you requested a tariff classification ruling.

The submitted sample is a woven nylon fabric boot gaiter, approximately 11 inches long. It has round elasticized top and bottom openings, with a sewn-in, 1 inch wide "hook and loop" type closure strip that runs the length of the gaiter to facilitate its easy mounting or removal.

The applicable subheading for this item, no style number indicated, will be 6406.99.1540, Harmonized Tariff Schedule of the United States (HTS), which provides for gaiters or leggings or the like (except leg warmers or tights) or the parts thereof, and which are of textile materials in which the man-made fibers weigh more than the cotton fibers, or the wool and/or fine animal hair fibers, or any other single type of fiber. The rate of duty will be 16.6 percent ad valorem.

This item falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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.

We are returning the sample as you requested.

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 James Sheridan at 212-466-5889.

Sincerely,

Roger J. Silvestri
Director

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