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NY M86303




September 18, 2006

CLA-2-64:RR:NC:247: M86303

CATEGORY: CLASSIFICATION

TARIFF NO.: 6406.99.1510

Mr. Charles G. Hartill
Capital Transportation Customs Clearance Services, Inc. 167-18 146th Avenue
Jamaica, NY 11434

RE: The tariff classification of leg warmers from Taiwan.

Dear Mr. Hartill:

In your letter dated September 1, 2006, you requested a tariff classification ruling on behalf of Ballet Makers, Inc., for three samples of leg warmers. You have submitted samples identified LWF100, LWF110 and LWF120. All three styles are made of predominantly man-made textile material.

The applicable subheading for style number LWF100, LWF110 and LWF120 will be 6406.99.1510, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for parts of footwear, removable insoles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof, other: of textile materials: of man-made fibers: leg-warmer: other. The rate of duty will be 14.9% 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/.

Leg-warmers fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

The submitted samples are not marked with the country of origin. Therefore, if imported as is, they will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the footwear would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article."

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, Richard Foley at 646-733-3042.

Sincerely,

Robert B. Swierupski
Director,

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