The tariff classification of footwear from Hong Kong or China.

NY H81244 June 4, 2001 CLA-2-64:RR:NC:TA:347 H81244 CATEGORY: Classification TARIFF NO.: 6404.19.35 ; 6405.20.90 Ms. Valerie Caulfield Evans, Wood & Caulfield Inc. 20 W Lincoln Ave Valley Stream, NY 11580 RE: The tariff classification of footwear from Hong Kong or China. Dear Ms. Caulfield: In your letter dated May 17, 2001, on behalf of your client Anisa International, you requested a tariff classification ruling. The submitted four half pair samples, which you call “Spa slippers,” are all indoor slippers with open heels. Style #AN4180 has a fuzzy, man-made textile fabric upper with a closed toe, a 1-inch thick foam plastic midsole and a rubber/plastic outer sole. Style #AN4182 and Style #AN4183 are both toe-thong type open toe slippers with fuzzy textile fabric uppers, fuzzy textile footbed insoles and wedge-like molded rubber/plastic bottoms. You state that Style #AN4182 has terry cloth textile material upper, while Style #AN4183 has a 100% polyester textile upper. Style #AN4181 has a plush, fuzzy, polyester textile material upper with a closed toe, a soft 1-inch thick foam plastic midsole and a textile outer sole that is covered with an evenly spaced pattern of small, 1/32-inch thick rubber/plastic traction dots, spaced approximately 1/4-inch apart on center. Since previous rulings have already determined that these traction dots are not akin to the “spikes, bars, nails, protectors or similar attachments” enumerated in Chapter 64, note 4(b) and thus must be taken into consideration when determining the constituent material of the outer sole, the proper classification determination is therefore contingent on whether rubber/plastic or textile material has the greater surface area in contact with the ground. Even though you have not provided any actual surface area material measurements for the sole, based on visual examination, this slipper will be classified as having a predominately textile outer sole. The applicable subheading for the three slippers identified as Style #AN4180, Style #AN4182 and Style #AN4183, will be 6404.19.35, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface is predominately textile materials (excluding accessories and reinforcements); in which the outer sole’s external surface is predominately rubber and/or plastics; which is not “athletic footwear”; which is not designed to be a protection against water, oil, or cold or inclement weather; which has open toes or open heels; and which is 10% or more by weight of rubber and/or plastics. The rate of duty will be 37.5% ad valorem. The applicable subheading for the indoor slipper identified as Style #AN4181, will be 6405.20.90, HTS, which provides for footwear, in which the outer sole’s external surface is not predominately rubber, plastics, leather or composition leather; in which the upper’s external surface is predominately textile materials; in which the largest fabric of the upper consists, by weight, predominately of fibers other than vegetable fibers or wool (linings, accessories and reinforcements not included); and which has a line of demarcation between the sole and the upper. The rate of duty will be 12.5% ad valorem. We are returning the samples as you requested. 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