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NY I85664




September 25, 2002

CLA-2-61:RR:NC:3:353 I85664

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.11.0020

Ms. Sandra Tovar
CST, Inc.
120 C Commerce Circle
Fayetteville, GA 30214

RE: The tariff classification of hosiery from El Salvador and Brazil.

Dear Ms. Tovar:

In your letter dated August 6, 2002, received in this office on August 29, 2002, on behalf of Sara Lee Hosiery, you requested a tariff classification ruling. You requested a ruling on Styles 0E060, 0E058, 0F039, 0C092 and 0B079. However, this office will only rule on Styles 0C092 and 0B079, as Styles 0E060, 0E058 and 0F039 were addressed under separate cover in NY I85084, dated September 19, 2002.

The submitted samples are Styles 0C092 and 0B079 capri-length panty hose constructed of 82% nylon, 18% spandex panty, and 84% nylon, 16% spandex legs. The hosiery is knit-to-shape and finished by simultaneously slitting the tubes and inserting the gusset. The front and back seams are sewn together. For purposes of this ruling this office will assume that the panty hose measures per single yarn less than 67 decitex.

The applicable subheading for the Styles 0C092 and 0B079 panty hose 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 16.2% ad valorem.

This office is uncertain whether you are requesting a ruling regarding eligibility for classification under 9802.00.8066, HTS or eligibility for treatment under CBTPA for these goods. If so, please provide detailed information regarding the origin of the yarns, where the item is dyed and/or printed, where the item is knit-to-shape, and any other assembly or processing operations and where they occur, and the origin of all components.

There are no quota restrictions or visa requirements on this merchandise.

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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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