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NY N003068




December 7, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.12.2000

Mr. Rodney Ralston
UPS Supply Chain Solutions
One UPS Way, P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of tights from China.

Dear Mr. Ralston:

In your letter dated November 1, 2006, on behalf of Mondor Ltd., you requested a tariff classification ruling. As requested, the sample is being returned to you.

You have submitted three samples, style 5383 is tights constructed of knit 45% wool, 45% acrylic 8% nylon and 2% spandex. The tights have an elasticized waistband, a sewn-in gusset, and do not appear to have graduated compression. The tights measure more than 67 decitex.

Style 5384 is tights constructed of cable knit 45% wool, 45% acrylic 8% nylon and 2% spandex. The tights have an elasticized waistband, a sewn-in gusset, and do not appear to have graduated compression. The tights measure more than 67 decitex.

Style 5319 is tights constructed of wide rib knit 45% wool, 45% acrylic 9% nylon and 1% spandex. The tights have an elasticized waistband, a sewn-in gusset, and do not appear to have graduated compression. The tights measure more than 67 decitex.

The applicable subheading for styles 5383, 5384 and 5319 will be 6115.12.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied knit soles, knitted or crocheted: pantyhose and tights: of synthetic fibers, measuring per single yarn 67 decitex or more: other. The rate of duty will be 14.9 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/.

All styles 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 6115.22.00 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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