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NY N011214




June 14, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.21.0010; 6115.22.0000; 6115.29.8010

Ms. Alissa Lemler
Target Customs Brokers Inc.
Target Northern Campus
7000 Target Parkway North, NCD-0456
Brooklyn Park, Minnesota 55445

RE: The tariff classification of tights from China

Dear Ms.Lemler:

In your letter dated May 11, 2007, written on behalf of your client, Target Stores, you requested a classification ruling. The submitted samples will be returned.

Style LEG-1149 is referred to as a pair of ladies “Capri Tights” and is a warp knit fabric constructed of 92% nylon and 8% spandex. The tights extend to just below the knee, have an in-wrought design, and an elasticized waist. The item also features an elasticized decorative lace trimmed bottom. You state that the denier of the tights is 40, therefore the tights measure 44 decitex.

Style LEG-1533 is referred to as a pair of ladies “Footless Tights” and is a warp knit fabric constructed of 92% nylon and 8% spandex. The tights extend to just above the ankles, have an in-wrought design, and an elasticized waist. The item also features a separately sewn on tightly knit hemmed bottom. You state that denier of the tights is 40, therefore the tights measure 44 decitex.

Style LEG-1206 is a pair of woman’s tights constructed of 95% nylon and 5% spandex knitted fabric. The footless tights have an elasticized front and back center seam, an elasticized hemmed waist and bottom. The lower portion of the garment contains vertical decorative bands with many folds that create a ruched effect. You state that the tights measure 80 decitex.

Style LEG-1016 is a pair of woman’s tights constructed of 98% nylon and 2% spandex knitted fabric. The footless tights have an elasticized front and back center seam and an elasticized hemmed waist and bottom. You state that the tights measure 70 decitex.

Style TAG38306 is a pair of girl’s footless tights constructed of 80% cotton, 17% polyester and 3% spandex knitted fabric. The tights have a separately sewn-in center back panel that extends to form the gusset crotch, and elasticized front center seam, and an elasticized hemmed waist.

The applicable subheading for the styles LEG-1149 and LEG-1533 will be 6115.21.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Panty hose, tights, stockings, socks and other hosieryknitted or crocheted: “Other panty hose and tights: Of synthetic fibers, measuring per single yarn less than 67 decitex, Tights.” The duty rate will be 16 percent ad valorem.

The applicable subheading for styles LEG-1206 and LEG1016 will be 6115.22.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Panty hose, tights, stockings, socks and other hosieryknitted or crocheted: “Other panty hose and tights: Of synthetic fibers, measuring per single yarn 67 decitex, or more.” The duty rate will be 14.9 percent ad valorem.

The applicable subheading for style TAG38306 will be 6115.29.8010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Panty hose, tights, stockings, socks and other hosieryknitted or crocheted: “Other panty hose and tights: Of other textile materials: Other, of cotton. The duty rate will be 16% 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/.

Styles: LEG-1149, LEG-1533, LEG-1206 and LEG-1016 fall within textile category 659. Style TAG38306 falls within textile category 359. 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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