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NY E89070





November 9, 1999

CLA-2-61:RR:NC:3:353 E89070

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.11.0020

Mr. Alan Woodruff
NY & CO
Lerner New York
460 West 33rd Street
New York, NY 10001

RE: The tariff classification of a ladies control top tight from Italy.

Dear Mr. Woodruff:

In your letter dated October 20, 1999 you requested a tariff classification ruling. The sample submitted with the ruling request will be returned to you.

The submitted sample is Style 1041 Ladies Control Top Tight. The tight is a pantyhose with feet constructed of knit 65% nylon/30% polyester/5% spandex fabric legs and a 92% nylon/8% spandex fabric control top. The legs measure 22 decitex and the control top measures 44 decitex. The item is sheer and the fabric gives a “silver sparkle” effect. You call the item a tight. Tights are opaque and intended for use during exercise, dance or similar athletic activity. This item is sheer and intended to be used with a dress or similar type of apparel, and is considered pantyhose.

The applicable subheading for the Style 1041 Ladies Control Top Tight will be 6115.11.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted: Panty hose and tights: Of synthetic fibers, measuring per single yarn less than 67 decitex....Other.” The rate of duty will be 16.5% ad valorem.

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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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