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NY J87255




September 10, 2003

CLA-2-61:RR:NC:3:353 J87255

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.93.9020, 6115.93.9010

Mr. Gordon Van Sise
KAT Import Brokers
Div. of Kamino International Transport, Inc. Airport Ind. Office park Bldg B4A
Valley Stream, NY 11581

RE: The tariff classification of sport socks from South Africa; eligibility for preferential tariff treatment under the African Growth and Opportunity Act.

Dear Mr. Van Sise:

In your letter dated August 15, 2003, on behalf of Falke Eurosocks, you requested a tariff classification ruling.

The submitted samples, Styles 8101, 8028, 8936, 8026 and 8965 are sport socks used for running and biking. The socks extend to the ankle. Style 8101 is constructed of knit 32% nylon, 28% polyester, 19% polypropylene, 19% wool and 2% elastane fabric. Style 8028 is constructed of knit 63% polyester, 35% nylon, and 2% elastane fabric. Style 8936 is constructed of knit 58% polyester, 21% polyacrylic and 2% elastane fabric. Style 8026 is constructed of knit 78% polyester, 20% nylon and 2% elastane fabric. Style 8965 is constructed of knit 54% polyester, 18% mohair, 15% nylon, 11% wool and 2% elastane fabric.

The applicable subheading for the Styles 8101, 8028, 8936 and 8026 Sport Socks 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% ad valorem.

The applicable subheading for the Style 8965 Sport Sock will be 6115.93.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hosesockswithout applies solesknitted or crocheted: Other: Of synthetic fibers: Other: Other, Containing 23 percent or more by weight of wool or fine animal hair.” The duty rate will be 14.7% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the eligibility of the merchandise for the African Growth and Opportunity Act (AGOA.). Your request for an eligibility ruling should include detailed information including:

A step-by-step account of the processing, including the country or countries where each process took place. The country of origin of the yarn, thread and fabric. If the item is knit to shape, where is it knit to shape? If the item is cut and sewn, what is cut and sewn and where is it cut and sewn? Is there any sewing performed on the item? If so, give details.

This office notes that you supplied an AGOA Textile Certificate of Origin with your ruling request. Is this an ongoing transaction?

When this information is available, you may wish to consider resubmission of your request for eligibility for preferential tariff treatment under the African Growth and Opportunity Act. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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