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NY K89915




October 29, 2004

CLA-2-61:RR:NC:3:353 K89915

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.93.9020

Mr. James F. Morgan
PBB Global Logistics, Inc.
P.O. Box 950
Buffalo, NY 14213-0950

RE: The tariff classification of a sock from China.

Dear Mr. Morgan:

In your letter dated September 21, 2004, on behalf of Ecosourcing Ltd., you requested a tariff classification ruling.

Your submitted sample is a toeless uni-sex sock knit of 100% polyester fiber. The sock features a rib-knit elasticized top and a rib-knit elasticized bottom.

You requested two possible subheadings 9021.90.8000 or 6115.93.8000 (HTS). This item is not classifiable in 9021.90.8000 because, while it does give some support, Note 1(b) to Chapter 90 excludes support articles of textile materials, whose intended effect on the organ to be supported or held derives solely from their elasticity. The item is not classifiable as 6115.90.3000 because this item is not a surgical stocking with graduated compression.

The applicable subheading for the sock will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for panty hose, socks . . . knitted or crocheted: other; of synthetic fibers: other: other, other. The rate of duty will be 14.6 percent ad valorem.

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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