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NY N020360




December 13, 2007

CLA-2-95:OT:RR:NC:2:224

CATEGORY: CLASSIFICATION

TARIFF NO.: 9506.99.2000

Mr. Jason M. Waite
Alston & Bird LLP
The Atlantic Building
950 F Street, NW
Washington, DC 20004-1404

RE: The tariff classification of shin guard socks from Mexico or China

Dear Mr. Waite:

In your letter dated November 28, 2007, you requested a tariff classification ruling, on behalf of GoldToeMoretz, LLC (“GoldToe”), your client.

You are requesting the tariff classification on a product that has been identified as shin guard socks; there is no designated item number for the merchandise. The shin guard is comprised of a plastic guard that is sewn into a 100% textured polyester yarn sock. A polypropylene yarn logo is sewn into the sock. The shin guard also contains two protective foam pads that are sewn into the sock on each side of the ankle. The shin guard sock will be packaged and sold in a zippered plastic bag.

The bag containing the shin guard will be classified with its contents as a GRI 5(b) container due to the following factors: the bag is the kind of packing normally used with the instant merchandise and the bag is of a flimsy nature, making it unsuitable for reuse.

The applicable subheading for the shin guard sock in its plastic zippered bag will be 9506.99.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles and equipment for general physical exercise, gymnastics, athletics, other sportsparts and accessories thereof: football, soccer and polo articles and equipment, except balls, and parts and accessories thereof. The rate of duty will be free.

Please note that your request for a country of origin determination and subsequent marking requirements for the merchandise should be addressed by your office in a separate ruling request.

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/.

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 Wayne Kessler at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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