The tariff classification of footwear made in China.

NY G85843 February 20, 2001 CLA-2-64:RR:NC:TA:347 G85843 CATEGORY: Classification TARIFF NO. 6405.20.90 Ms. Stephanie A. Goldfischer Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue New York, NY 10167-3397 RE: The tariff classification of footwear made in China. Dear Ms. Goldfischer: In your letter dated January 23, 2001 you requested a classification ruling for two styles of ladies slippers. You have submitted samples of styles BB2001 and KN both of which, you state, have an external surface area of the upper and outer sole of textile material. Note 4(b), Chapter 64, Harmonized Tariff Schedule of the United States (HS), states that the constituent material of the outer sole shall be the material having the greatest surface area in contact with the ground, no account being taken of accessories or reinforcements such as spikes, bars, nails, protectors or similar attachments. The Explanatory Notes to Chapter 64 HTS, offer the term “when in use” to the external surface area of the outer sole determination. The samples submitted have uppers of textile material, which you identify as ”micro suede” and we assume to be man-made fiber. The outer soles for both styles are composed of unit-molded rubber soles to which textile fabric has been adhered to the external surface in contact with the ground. The purpose of the textile material on the surface of these rubber soles is not explained. Due to the fact that this type of footwear is inappropriate for outdoor wear we feel that the textile material, which you advise accounts for the greatest surface area in contact with the ground when in use, is plausible soling material for footwear of this type, (i.e. for indoor use exclusively). In this regard, we agree that both have external surface areas predominantly of textile material. The applicable subheading for Styles BB2001 and KN will be 6405.20.90, Harmonized Tariff Schedule of the United States, (HTS) which provides for other footwear with uppers of textile material, other, The rate of duty will be 12.5 percent ad valorem. 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 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 this ruling, contact National Import Specialist, Richard Foley at (212) 637-7089. Sincerely, Robert Swierupski Director, National Commodity Specialist Division