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NY L87589





October 14, 2005

CLA-2-61:RR:NC:3:353 L87589

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.92.9000, 6115.93.9020

Mr. Mickey Green
Commonwealth Hosiery Mills
4964 Island Ford Road
Randleman, NC 27317-0939

RE: The tariff classification toe covers from China or Korea.

Dear Mr. Green:

In your letter dated September 26, 2005 you requested a classification ruling.

The submitted samples are Styles 24 Cushion Toe Cover and 144 Toe Cover with Pad. The Style 24 Cushion Toe Cover is constructed of knit 74% cotton, 24% nylon and 2% spandex. The Style 144 Toe Cover with Pad is constructed of sheer knit 100% nylon with a sewn in padded sole cushion. Both items cover the toes, front and ball of the foot and are commonly worn with open back-style footwear.

The applicable subheading for the Style 24 Cushion Toe Cover will be 6115.92.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted: Other: Of cotton: Other: Other.” The duty rate will be 13.5% ad valorem.

The applicable subheading for the Style 144 Toe Cover with Pad will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks, and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted: Other: Of synthetic fibers: Other: Other, Other. The duty rate will be 14.6% ad valorem.

Style 24 Cushion Toe Cover falls within textile category designation 332; Style 144 Toe Cover with Pad falls within textile category designation 632. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

Your inquiry does not provide enough information for us to give a classification ruling on the remaining samples. Ruling requests are limited to five (5) items per request, your request includes fourteen (14) items. The style numbers on the samples do not match the style numbers in the ruling request. For all knee high hosiery your request should provide the decitex or denier for each item and whether they are for men or women. 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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