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NY B89226




September 17, 1997

CLA-2-61-CL:PD:FO:CBII:HO2

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.93.9020 and 6117.80.9540

Ms. Jill Burns
Administration Manager
MSAS Customs Logistics Inc.
8725 NW 18th Terrace, Suite 301
Miami, FL 33172

RE: The tariff classification of a neck warmer and socks from the Dominican Republic

Dear Ms. Burns:

In your letter of August 19, 1997 you requested a tariff classification ruling on behalf of Devon Aire, Tampa, Florida.

You have submitted samples of a neck warmer, Style No. 007, and a pair of socks, Style No. 009. The socks are made from 100% polyester fleece knit fabric; there is a band around the top that is slightly wider than an inch, of 90% cotton and 10% spandex, which appears to serve to hold the socks in place, since it is a much tighter knit than the rest of the socks. The neck warmer is also of 100% polyester fleece knit fabric. It is a large circle, approximately 11« inches long, which is open at both ends, and is pulled over the head and worn around the neck.

The applicable subheading for the socks will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for pantyhose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without
applied soles, knitted or crocheted: other: of synthetic fibers: other: other...other. The rate of duty will be 15.2%.

The applicable subheading for the neck warmer is 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: other accessories: other: other...of man-made fibers: other. The rate of duty will be $15.2%.

The applicable textile category for the socks is 632, and the applicable textile category for the neck warmer is 659. This merchandise is subject to visa requirements based on international textile trade agreements. 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. Your samples will be returned under separate cover.

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.

Sincerely,

John M. Regan
Service Port Director

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