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NY N024466





March 31, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.96.9020

Helena Cooper
Original Concepts Inc.
701 E. 3rd Street
Suite 130
Los Angeles, CA 90013

RE: The tariff classification of women’s hosiery from China.

Dear Ms. Cooper:

In your letter dated March 7, 2008, you requested a classification ruling on behalf of your client, Smiffy’s.

Style 30275, referred to as “Opaque White Thigh High Stockings with Lace Ruffles,” are composed of 100% nylon knitted fabric. The stockings feature an elasticized hemmed top which has four rows of raschel lace-like ruffles sewn onto it. The stockings will also be offered as style 30290, “Opaque White Thigh High Stockings with Lace Ruffles - Plus Size,” which is identical to style 30275. You state that the stockings measure 77 decitex.

Style 30392, referred to as “Thigh High Nurse’s Stockings with White Top with Lace,” are composed of 100% nylon knitted fabric. The opaque stockings feature an elasticized hemmed top with a raschel lace-like ruffle sewn onto it. The stockings feature a decorative vertical pattern of crosses along the center back with a satin bow at the center top. You state that the stockings will also be offered as style 30220 “Thigh High Nurse’s Stocking with White Top with Lace - Plus Size,” which is identical to style 30392. You also state that the stockings measure 77 decitex.

Style 30393, referred to as “Thigh High Nurse’s Stockings with Red Top,” are composed of 100% nylon knitted fabric. The opaque stockings feature an elasticized hemmed top with a satin bow at the center back along with a decorative vertical pattern of crosses. You state that the stocking will also be offered as style 30228 “Thigh High Nurse’s Stockings with Red Top - Plus Size,” which is identical to style 30393. You also state that the stockings measure 77 decitex.

Style 30399, referred to as “Pink and White Opaque Thigh High Stockings with Hearts, Lace and Bow,” are composed of 100% nylon knitted fabric. The opaque stockings feature a raschel lace-like top that has silicone grips on the inside, a satin bow at the top center front and decorative heart shaped designs. You state that the stockings will also be offered as style 30223 “Pink and White Opaque Thigh High Stockings with Hearts, Lace and Bow - Plus Size,” which is identical to style 30399. You also state that the stockings measure 77 decitex.

Style 30402, referred to as “Thigh High Nurse’s Stockings Shamrock Design with Bow and Lace Trim” are composed of 100% nylon knitted fabric. The opaque stockings feature a raschel lace-like top that has silicone grips on the inside, a satin bow at the top center front and decorative shamrock designs. You state that the stockings measure 77 decitex.

The applicable subheading for the thigh high stockings 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 aforementioned styles fall 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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