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NY C81831




December 4, 1997

CLA-2-64:RR:NC:TA:346 C81831

CATEGORY: CLASSIFICATION

TARIFF NO.: 6406.99.1510

Mr. Arthur Danforth
Hyde Athletic Industries, Inc.
Centennial Park, P.O. Box 6046
Peabody, MA 01961

RE: The tariff classification of textile leg warmers from China, Hong Kong or Thailand.

Dear Mr. Danforth:

In your letter dated November 7, 1997, received by Customs on November 18, 1997, you requested a classification ruling.

The submitted sample, the "Hind Drylete Legwarmer", Style #99707, is an article worn on the legs that is designed to protect the wearer from the cold when cycling or in various other athletic outdoor activities. This item is like a long tubular sock which covers the length of the leg from the ankle to the top of the thigh, but leaves the wearer's foot entirely uncovered. You state that it is designed to be worn by both sexes, it has a 9 inch long ankle zipper and it is made of a knitted fabric consisting of 46% nylon, 46% polyester, and 8% spandex.

The applicable subheading for the "Legwarmer" described above will be 6406.99.1510, Harmonized Tariff Schedule of the United States (HTS), which provides for leg warmers, which are essentially of textile materials; in which the man-made fibers weigh more than the cotton fibers, the wool and/or fine animal hair fibers, or any other single type of fiber; and in which the wool and/or fine animal hair is under 23%, by weight, of the fibers present. The duty rate will be 16.4 percent ad valorem.

This item falls within textile category designation 659. Based upon international textile trade agreements, products of China, Hong Kong or Thailand 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.

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,

Robert B. Swierupski
Director,

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