The tariff classification of textile footwear from China.

NY G86873 February 20, 2001 CLA-2-64:RR:NC:TP:347 G86873 CATEGORY: Classification TARIFF NO.: 6404.19.30 Mr. Deon Dahra Union-Transport Corp. 1 Johnson Road New York, NY 11559 RE: The tariff classification of textile footwear from China. Dear Mr. Dahra: In your letter dated February 3, 2001, written on behalf of your client, Honey Fashions Inc., you requested a tariff classification ruling. You have submitted a sample of what you state is a ladies synthetic knit slipper sock. The footwear is made of textile material with a separately attached artificial fur cuff collar. The footwear also features two pieces of rubber/plastics material separately applied to the outer sole. Visual examination of the outer sole indicates that the constituent material of the outer sole having the greatest external surface area in contact with the ground is the rubber/plastics material. The applicable subheading for the footwear will be 6404.19.30, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles of rubber/ plastics and uppers of textile materials, other, footwear of the slip-on type, that is held to the foot without the use of laces or buckles or other fasteners, footwear which is less than 10% by weight or rubber or plastics. The rate of duty will be 12.5% ad valorem. We also 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 requirement of 19 U.S.C. 1304. Accordingly, the shoes 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.” 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 Richard Foley at 212-637-7089. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division