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NY N010842





June 5, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.96.9020

Mr. John Nagel
Hanesbrands Inc.
1000 East Hanes Mill Road
Winston-Salem, NC 27105

RE: The tariff classification of garter stockings from China

Dear Mr. Nagel:

In your letter dated May 2, 2007, you requested a classification ruling. The submitted sample will be returned.

Style GBS003 is referred to as a “Garter Stocking” and is composed of 90% nylon and 10% spandex knitted fabric. The footed garment features an elasticized knit waistband that acts as a garter belt, which is lined by soft adhesive rubber strips that prevent it from pulling down on the wearer. In addition, the crotchless garment consists of attached fabric that acts as garters, and attached stockings with feet. The item is not considered pantyhose, as it contains no panties; with the waistband, it is more than full-length hosiery.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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