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NY K85808




May 25, 2004

CLA-2-61;63:RR:NC:3:353 K85808

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.93.9010; 6304.93.0000

Ms. Francine Marcoux
Hampton Direct
350 Pioneer Drive
P.O. Box 1199
Wiliston, VT 05495

RE: The tariff classification of a tissue box cover and socks from China and Italy.

Dear Ms. Marcoux:

In your letter dated April 29, 2004, you requested a tariff classification ruling. Descriptive literature of the merchandise was furnished.

Style #25550 is a “Fancy Sofa Tissue Box Cover” of polyester Damask fabric. The item is partially stuffed with polyester fiberfill to resemble a sofa with 2 tone pillows and an opening in the seat to access tissues.

Style #16730 (size A men 4-7 and women 5-8) and style 16732 (size B men 8-11 and women 9-12) are knitted 50% wool and 50% acrylic “slipper” socks. The socks have anti-skid pads around the soles and are designed for indoor use only.

Due to the fact that styles16730 and 16372 are to be constructed of a 50/50 blend of fibers, they are classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). Styles 16730 and 16732 will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification. Styles 16730 and 16732 may be subject to Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The applicable subheading for style #25550 will be 6304.93.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of synthetic fibers. The duty rate will be 9.3 percent ad valorem.

The applicable subheading for styles # 16730 and 16732 will be 6115.93.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for pantyhose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted: of synthetic fibers: other: other, containing 23 percent or more by weight of wool or fine animal hair. The duty rate will be 14.6 percent ad valorem.

Ruling requests will contain a maximum of 5 items in order to be accepted. The items in a single request must be of the same class or kind. Your inquiry asked for six classifications. Style #26680 is a different class or kind from the other styles and if you wish resubmission should be requested under separate cover. Styles #22700 and #22705 may be re-submitted together. If you wish to consider resubmission of your request please submit samples of the aforementioned items.

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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