The tariff classification of textile footwear from China.

NY H81157 May 15, 2001 CLA-2-64:RR:NC:TP:347 H81157 CATEGORY: Classification TARIFF NO.: 6405.20.30 Ms. Irene Kwok c/o Miss Livia CDP Asia Ltd. 330 Madison Ave. 12/F. suite 1278 New York, NY 10017 RE: The tariff classification of textile footwear from China. Dear Miss Kwok: In your letter dated May 3, 2001, you requested a tariff classification ruling. You have submitted a sample of what you state is a slipper, #C-64177, with an upper and outer sole made of 100% cotton. This shoe features an outer sole of textile material with protruding rubber/plastic dots. Visual examination of the sole indicates that the external surface area is predominated by the textile material. In this regard, the constituent material of the outer sole for this shoe is considered to be textile. The applicable subheading for style #C-64177 will be 6405.20.30, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the outer sole’s external surface is predominately other than rubber, plastics, leather or composition leather, in which the upper’s external surface is predominately textile materials, in which the upper, by weight, predominately consists of vegetable fibers such as cotton or flax, and which has a line of demarcation between the sole and the upper. The rate of duty will be 7.5% ad valorem. We also note that the submitted samples are not marked with the country of origin. Therefore, if imported as is, the samples 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