The tariff classification of a textile shoe from China.

NY H80440 May 14, 2001 CLA-2-64:RR:NC:TP:347 H80440 CATEGORY: Classification TARIFF NO.: 6405.20.90 Mr. Jim Marshall Discovery Channel Retail 1608 Fourth Street Berkeley, CA 94710 RE: The tariff classification of a textile shoe from China. Dear Mr. Marshall: In your letter dated April 26, 2001, you requested a tariff classification ruling. You have submitted a sample of what you state is a fleece “Slipper With Herb Pack,” no style names or numbers have been indicated, composed of a polyester upper and outer sole with an opening in the sole into which is inserted an herb pack. You state that the herb pack contains rice, cinnamon, eucalyptus and clove. The “Slipper With Herb Pack” is heated in a microwave oven, then worn to warm the feet for relaxation and to help improve circulation. The applicable subheading for the “Slipper With Herb Pack” 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, plastics, leather or composition leather, in which the upper’s external surface is predominately textile material, in which the upper, by weight, predominately consists of fiber other than vegetable fiber or wool, and which has a line of demarcation between the sole and the upper. 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