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NY N019962





December 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.21.0020; 6115.22.0000

Mr. Hobyung Yi
Express Customhouse Broker
144-24 156th Street
2nd Floor
Jamaica, NY 11434

RE: The tariff classification of pantyhose from China and Korea.

Dear Mr. Yi:

In your letter dated November 14, 2007, you requested a classification ruling on behalf of your client, Cheveux Corporation. The sample submitted will be returned.

The submitted sample, style FCL098#6, is a pair of women’s panty hose constructed of a semi-sheer 87% nylon and 13% spandex knitted fabric. The footless panty hose feature an elasticized front and back center seam, an elasticized waist and an unfinished bottom. You do not state the decitex of style FCL098#6.

The classification for the pantyhose if measuring per single yarn less than 67 decitex, follows:           

The applicable subheading for style FCL098#6 will be 6115.21.0020, 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, knitted or crocheted: Other panty hose and tights: Of synthetic fibers, measuring per single yarn less than 67 decitex, other. The rate of duty will be 16 percent ad valorem.

     The classification for the pantyhose if measuring per single yarn 67 decitex or more, follows:     

 The applicable subheading for the Style FCL098#6 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: panty hose and tights: of synthetic fibers, measuring per single yarn 67 decitex or more: other. The duty rate 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/.

Style FCL098#6 falls within textile category 632, if the pantyhose are of synthetic fibers measuring per single yarn less than 67 decitex. Style FCL098#6 falls within textile category 659, if panty hose are of synthetic fibers measuring per single yarn 67 decitex or more. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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