HQ 084761: Reconsideration of NYRL 836702

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 084761

                         October 2, 1989

CLA-2 CO:R:C:G  084761 CB

CATEGORY: Classification

TARIFF NO.: 6115.12.0000; 6115.11.0020

Ms. Doreen Wai
Hong Kong Economic and
 Trade Office
British Embassy
1233 20th Street, N.W.
Washington, D.C.  20036

RE: Reconsideration of NYRL 836702

Dear Ms. Wai:

     This ruling is issued in response to your letter of June 6,
1989, requesting a reconsideration of NYRL 836702, issued on
February 17, 1989, for infants' and girls' panty hose from Hong
Kong.

FACTS:

     The submitted samples, styles 09145 and 09146, are pairs of
girls', 100 percent nylon panty hose.  Both styles have closed
feet and an elasticized waistband.  Style 09145 has a lace
applique at the rear.  The merchandise will be imported in
toddler girls' sizes 2 to 4 .

     NYRL 836702, issued on February 17, 1989, classified the
subject merchandise in subheading 6115.12.0000, HTSUSA, which
provides for panty hose, tights, stockings, socks and other
hosiery.  This subheading falls within textile category 659.
You assert that the correct textile category is 632.

ISSUE:

     Was the classification of the subject merchandise correct
under the New York ruling?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that the starting point is the
terms of the headings and subheadings of the tariff and any
relevant section or chapter notes.

                               -2-

     Heading 6115, HTSUSA, provides for panty hose, tights,
stockings,...knitted or crocheted.  Subheading 6115.12.0000,
HTSUSA, specifically covers panty hose, tights, stockings,
etc....knitted or crocheted, of synthetic fibers, measuring per
single yarn 67 decitex or more.  The textile category assigned to
this subheading is 659.  If the subject merchandise measures less
than 67 decitex per single yarn, then, the proper classification
is under subheading 6115.11.0020, HTSUSA.  Therefore, NYRL 836702
correctly classified the subject merchandise.

HOLDING:

     The subject merchandise, if imported in toddler girls' sizes
2 to 4, is classifiable in 6115.12.0000, HTSUSA, which provides
for panty hose, tights, stockings, ...knitted or crocheted, panty
hose and tights, of synthetic fibers, measuring per single yarn
67 decitex or more.  The rate of duty is 17 percent ad valorem
and the textile category is 659.

     Otherwise, if the panty have a linear density of less than
67 decitex per single yarn, the merchandise is classifiable in
subheading 6115.11.0020, HTSUSA, which provides for panty hose,
tights, stockings, ...knitted or crocheted, panty hose and
tights, of synthetic fibers, measuring per single yarn less than
67 decitex.  The rate of duty is 17 percent ad valorem and the
textile category is 632.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the tariff number) and the
restraint (quota/visa) categories, the importer should contact
the local Customs office prior to importation of this merchandise
to determine the current status of any import restraints or
requirements.

     The designated textile and apparel category may be
subdivided into parts.  If so, visa and quota requirements
applicable to the subject merchandise may be affected.  Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that the importer check, close to the time of shipment,
the Status Report on Current Import Quotas (Restraint Levels), an
issuance available at the local Customs office.

     NYRL 836702 is affirmed pursuant to 19 CFR 177.9(d).

                                Sincerely,



                                John Durant, Director
                                Commercial Rulings Division