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NY M83335




June 26, 2006

CLA-2-61:RR:NC:3:353 M83335

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.93.9020, 6115.99.1820

Mr. John Pellegrini
McGuireWoods LLP
1345 Avenue of the Americas
New York, NY 10105-0106

RE: The tariff classification of moisturizing footwear without applied soles from China.

Dear Mr. Pellegrini:

In your letter dated May 30, 2006, on behalf of Paris Accessories, Inc., you requested a classification ruling. As requested, the samples will be returned to you.

The submitted samples are called Style Nos. CL14558X and CL11436 Moisturizing Booties. Both items are constructed of knit man-made fibers.

Style No. CL14558X is an ankle-length slipper sock with traction dots at the bottom. The item does not have an applied sole. The interior is coated with a gel matrix that contains mineral, olive, canola, jojoba and avocado oils, vitamin E and fragrances.

Style No. CL11436 is a knit terry ankle-length, sock-style footwear without an applied sole. It is saturated with an aloe preparation.

You believe the items are properly classified in subheading 3304.99.50. The skin products impregnated in the terry footwear and the gel matrix in the slipper sock are co-equal to the footwear/slipper sock; therefore, classification does not fall in Chapter 33. You also mention classification in heading 6307. The term “footwear without an applied sole” of heading 6115 is a more specific description of the items than “other made up textile articles” of heading 6307, and they will be classified in heading 6115.

The applicable subheading for the Style Nos. CL14558X and CL11436, if of synthetic fibers, will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for panty hose, tights, stockings, socks and other hosieryand footwear without applied soles, knitted or crocheted: other: of synthetic fibers: other: other, other. The duty rate will be 14.6 percent ad valorem.

The applicable subheading for the Style Nos. CL14558X and CL11436, if of artificial fibers, will be 6115.99.1820, Harmonized Tariff Schedule of the United States (HTSUS), which provides for panty hose, tights, stockings, socks and other hosieryand footwear without applied soles, knitted or crocheted: other: of other textile materials: of artificial fibers: other, other. The duty rate will be 14.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style Nos. CL14558X and CL11436 fall 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.

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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