The tariff classification of travel slippers from China.

PD C88643 June 11, 1998 CLA-2-64:G23 C88643 CATEGORY: Classification TARIFF NO.: 6404.20.60; 6405.90.90 Mr. Robert Messer The Messer Group 1275 Valley Brook Avenue Lyndhurst, NJ 07071 RE: The tariff classification of travel slippers from China. Dear Mr. Messer: In your letter dated May 27, 1998, you requested a tariff classification ruling. The samples submitted with your request are travel slippers with accompanying form-fitted travel pouches: styles C1937A and A0040. The zippered pouches for each style are made of the same materials as the slippers, with matching color and trim. They are specially shaped to conform to the dimensions of the slippers, and are suitable for long-term use. They will be classified as a unit with the slippers. Style C1937A is an open-heel slipper with an outer sole of leather and an upper of woven textile fabric with a terry cloth lining. The sole contains a foam padding for comfort. You have provided a material breakdown which shows that the leather component comprises 15.3% of the total by weight; the textile component, 26.2%; the foam and plastic, 30.8%. Style A0040 is also an open-heel slipper. It has an outer sole of leather and an upper of PVC vinyl, with a textile lining. This shoe is also padded with foam for comfort. The applicable subheading for style C1937A will be 6404.20.60, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's external surface is predominately of textile materials; in which the outer sole's external surface is predominately leather or composition leather; and which is, by weight, over 50% as a total of textile materials, rubber and plastics, and over 10% of rubber and-or plastics. The general rate of duty will be 37.5% ad valorem, applicable as well to the accompanying travel pouch. The applicable subheading for style A0040 will be 6405.90.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's external surface is predominately other than leather, composition leather or textile materials and which has an outer sole that is predominately other than rubber or plastic: other than disposable footwear designed for one-time use. The general rate of duty will be 12.5% ad valorem, applicable as well to the accompanying travel pouch. Please note that the samples are not marked with the country of origin. Therefore, if imported as is, the slippers will not meet the country of origin marking requirements of 19 U.S.C. §1304. Accordingly, these slippers will 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." This ruling is being issued under the provisions of Part 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, Jeffrey Walgreen, Port Director Portland, Maine