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NY N007302




March 16, 2007

CLA-2-61:RR:NC:TA:354

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.96.9020

Mr. Joey Delgado
American Del Advantage, Inc.
44 Wicks Path
Commack, NY 11725

RE: The tariff classification of socks from China

Dear Mr. Delgado:

In your letter dated February 14, 2007, you requested a classification ruling. The submitted samples will be returned.

You described the item as a “boot liner” made of 85% nylon and 15% spandex to be worn by divers or surfers to protect the skin against rough boots. It measures approximately 10 inches in height and is composed of four separate pieces of tightly knit fabric. Unlike true “boot liners” this item is not designed to be manufactured into finished boots but rather to be worn as a sock for comfort inside other footwear. Although the item has a separately applied underfoot fabric portion, it is not intended to be in contact with the ground “when in use” and does not have an “outer sole.” Therefore this item is precluded from classification as footwear in Chapter 64, Harmonized Tariff System of the United States.

The applicable subheading for the merchandise, will be 6115.96.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other "Panty hose, tights, stockings, socks and other hosiery, other: of synthetic fibers: other: 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/.

The item falls within textile category 632. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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).

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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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