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NY K84996




April 30, 2004

CLA-2-61:RR:NC:3:353 K84996

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.93.9020, 6117.80.9540

Ms. Francine Marcoux
Hampton Direct Inc.
350 Pioneer Drive
Williston, VT 05495

RE: The tariff classification of socks and a dickey from China.

Dear Mr./Ms. Marcoux:

In your letter dated April 1, 2004 you requested a tariff classification ruling. Descriptive literature on the items was provided to this office.

#11630 35 Below® Cuddle Socks are constructed of knit acrylic fabric. The sock is ankle-length with a fold-down cuff. The #11633 35 Below® Knit Dickey is constructed of knit acrylic fabric and features a turtleneck collar.

The applicable subheading for the #11630 35 Below® Cuddle Socks will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks and other hosieryknitted or crocheted: other: of synthetic fibers: other: other, other.” The duty rate will be 14.6% ad valorem.

The applicable subheading for the #11633 35 Below® Knit Dickey will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crochetedOther accessories: Other: Other, Other.” The duty rate will be 14.6% ad valorem. The textile category designation is 659.

Based upon international textile trade agreements #11633 35 Below® Knit Dickey is subject to quota and the requirement of a visa; #11630 35 Below® Cuddle Socks are not subject to quota and the requirement of a 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Your inquiry does not provide enough information for us to give a classification ruling on #11637 35 Below® Hooded Scarf, 35 Below® Fleece Pocket Shawl and 35 Below® Knee Warmers. Your request for a classification ruling should include samples of these items. When this information is available, you may wish to consider resubmission of your request. 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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