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NY N025717




April 23, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.21.0010; 6115.22.0000

Ms. Irene Tsiavos
Easter Unlimited, Inc.
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of tights from China and Taiwan.

Dear Ms. Tsiavos:

In your letter dated April 1, 2008, you requested a classification ruling. The sample submitted will be returned.

Style FT0001 is a pair of women’s footless tights constructed of 90% nylon and 10% spandex knitted fabric. The tights have an elasticized hemmed waist and bottom and feature an elasticized front and back center seam. You state that the tights measure 60 to 67 decitex and will be available in children’s and toddler's sizes.

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

      The applicable subheading for style FT0001 will be 6115.21.0010, 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 tights if measuring per single yarn 67 decitex or more, follows:

     The applicable subheading for the style FT0001 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 FT0001 falls within textile category 659, if the tights are of synthetic fibers measuring per single yarn less than 67 decitex or 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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