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NY I89883




January 29, 2003

CLA-2-61:RR:NC:3:353 I89883

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.93.9020, 6115.93.9020, 6115.20.9010, 6108.32.0010, 6208.22.0000

Ms. Barbara Clausen
FedEx Trade Networks
205 West Service Rd.
Champlain, NY 12919

RE: The tariff classification of a slipper socks and pajama set from China and thigh high hose from Canada.

Dear Ms. Clausen:

In your letter dated January 13, 2003, on behalf of La Senza Lingerie, Inc., you requested a classification ruling. The samples will be returned to you as requested.

Four samples were submitted with your request. Style 30736-0077 is a pair of slipper socks made of knit fleece 100% polyester fabric. The slipper socks extend to the upper part of the ankle and do not have an applied sole. Style 30310-0058 (stay-ups) are thigh high panty hose with lace at the top. Style 30245-9010, (chemise) is a night gown made of knit 100% polyester fabric. The garment extends to mid-thigh with adjustable thin straps. Style30410-0371 is a 2 piece pajama set made from woven 100% polyester fabric with top and panties.

The applicable subheading for the slipper socks, style 30736-007 will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hosesockswithout applies solesknitted or crocheted: Other: Of synthetic fibers: Other: Other, Other.” The duty rate will be 14.7%. The textile category designation is 632.

The applicable subheading for the stay-ups/thigh high hose, style 30310-0058 if measuring per single yarn less than 67 decitex will be 6115.20.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s full-length or knee length hosiery, measuring per single yarn less than 67 decitex: Other Of man-made fibers.” The general duty rate will be 15% ad valorem. The textile category is 632.

The applicable subheading for the stay-ups/thigh high hose, style 30310-0058 if measuring per single yarn 67 decitex or greater will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockingsincluding stockingsOf synthetic fibers: Other: Containing lace or net, Other.” The duty rate will be 18.9% ad valorem. The textile category is 632.

The applicable subheading for the chemise/night gown, style 30245-9010 will be 6108.32.0010, Harmonized Tariff schedule of the United States (HTS), which provides for “Women’s or girlsnightdressesknitted or crocheted: Nightdresses and pajamas: Of man-made fibers, Women’s.” The duty rate will be 16.1% ad valorem. The textile category is 651.

The applicable subheading for the pajama set, style 30410-0371 will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’pajamasNightdresses and pajamas: Of man-made fibers.” The duty rate is 16.1% ad valorem. The textile category is 651.

For Styles 30736-0077, 30245-0910, 30410-0371, based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. Style 30310-0058, product of Canada is not subject to quota and the requirement of visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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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