HQ 087420: Reconsideration of NYRL 852317; children's socks

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 087420

                                    August 2, 1990



            CLA-2 CO:R:C:G 087420 DRR 851317

            CATEGORY:  Classification

            TARIFF NO.: 6115.92.2000

            Ms. Mary Khollman
            Heyman Corporation
            6045 W. Howard Street
            Niles, Illinois 60648

            Re:  Reconsideration of NYRL 852317; children's socks

            Dear Ms. Khollman:

                 This is in further response to your letter dated
            April 3, 1990, requesting the classification of a hair bow
            and socks in infant, toddler and children's sizes from Korea
            under the Harmonized Tariff Schedule of the United States
            Annotated (HTSUSA).  The children's socks were classified
            under subheading 6115.10.0010, HTSUSA, in New York Ruling
            Letter (NYRL) 851317, dated May 4, 1990.  We have had occasion
            to review the portion of that ruling which concerns the tariff
            classification of the children's socks and determined that it
            is in error.

            FACTS:

                 The merchandise at issue consists of children's socks
            made of 65 percent cotton, 25 percent nylon and 10 percent
            spandex knit fabric.  NYRL 851317, issued on May 4, 1990,
            classified the socks under subheading 6115.19.0010, Harmonized
            Tariff Schedule of the United States Annotated (HTSUSA), which
            provides for panty hose, tights, stockings, socks and other
            hosiery.

            ISSUE:

                 Whether the socks at issue are classifiable under
            subheading 6115.19.0010, HTSUSA or subheading 6115.92.2000,
            HTSUSA.

















                                          -2-


            LAW AND ANALYSIS:

                 Classification of merchandise under the HTSUSA is in
            accordance with the General Rules of Interpretation (GRI),
            taken in order.  GRI 1 provides that classification shall
            be determined according to the terms of the headings and any
            relative section or chapter notes.  The socks in question are
            provided for under heading 6115, which provides for panty hose,
            tights, stockings, socks and other hosiery, ..., knitted or
            crocheted.  Subheading 6115.19.0010, HTSUSA, provides for panty
            hose and tights of cotton.  The cotton socks in question are
            more correctly provided for under subheading 6115.92.2000,
            HTSUSA, which provides for panty hose, tights, stockings, socks
            and other hosiery, ..., knitted or crocheted, other, of cotton,
            other.

            HOLDING:

                 The children's socks at issue are classified under
            subheading 6115.92.2000, HTSUSA, with a duty rate of 14.4
            percent ad valorem, and subject to textile category 332.

                 Due to the changeable nature of the statistical annotation
            and the restraint (quota/visa) categories applicable to textile
            merchandise, you should contact your 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 you check, close to the time of shipment, the
            Status Report on Current Import Quotas (Restraint Levels), an
            internal issuance of the U.S. Customs Service, which is
            available for inspection at your local Customs office.























                                          -3-


                  Pursuant to section 177.9, Custom Regulations (19 C.F.R.
            177.9(d)(1)), NYRL 851317 is modified in conformity with the
            foregoing.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division


















































            6 cc: Area Dir., N.Y. Seaport
            D. Rimmer library/peh
            087420