Classification of an infant's bootie.

NY 850139 March 26,1990 CLA-2-64:S:N:N3D:346 M 850139 CATEGORY: Classification TARIFF NO.: 6405.20.90 Ms. Regina K. Robertson Hallmark Card, Inc. P.O. Box 419580-Drop 376 Kansas City, MO 64141-6580 RE: Classification of an infant's bootie. Dear Ms. Robertson: In your letter dated March 1, l990, you requested a tariff classification ruling on an infant's bootie from China. The submitted sample, marked stock #800BBW1318, is an infant's textile bootie. The bootie has an upper of, you state, 100% polyester (satin) material, a lining made of 100% cotton (flannel) material, a stitched-on embroidered trim extending around the front half of the topline, and an outer sole of, you state, 100% polyester. There are two 6 inch satin ribbons sewn on each side of the bootie's topline. The bootie is held on the foot by tying these ribbons around the wearer's ankles. We note that the submitted sample is not marked with the country of origin. Therefore, if imported as is, the sample submitted will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the bootie would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit". We are returning your sample as you requested. The applicable subheading for the bootie described above will be 6405.20.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the sole's external surface is predominately other than rubber, plastic, leather or composition leather; in which the upper's external surface is predominately textile material; in which the upper, by weight, predominately consists of fibers other than vegetable fiber or wool; and which has a line of demarcation between the sole and the upper. The duty rate will be 12.5% ad valorem. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport