CLA-2-65:RR:NC:3:353 D82252

Mr. Gerald W. Sernau
Paul E. Sernau, Inc.
436 Ferry St.
Newark, NJ 07105

RE: The tariff classification of a foot sock from China.

Dear Mr. Sernau:

In your letter dated September 2, 1998 you requested a classification ruling.

The submitted sample is a foot sock consisting of knit 100% nylon fabric. The foot sock will be used in Retail Shoe Stores. For sanitary reasons, the shop owners require that any potential buyer puts a "ped" on their feet so that their foot does not come in contact with a new pair of shoes they are trying on. Once it is used by the potential buyer it is discarded and thrown away.

The applicable subheading for the foot sock will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for "Panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted: Other: Of synthetic fibers: Other: Other, Other." The duty rate will be 15.1% ad valorem.

The foot sock falls within textile category designation 632. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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.

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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division