The tariff classification of footwear from China

NY M84689 July 18, 2006 CLA-2-64:RR:NC:SP:247 M84689 CATEGORY: Classification TARIFF NO.: 6405.20.30 Mr. Raymond Levy SaraMax Apparel Group, Inc. 1372 Broadway, 7th Floor New York, NY 10018 RE: The tariff classification of footwear from China Dear Mr. Levy: In your letter dated June 20, 2006 you requested a tariff classification ruling. The submitted item, identified as Style 101, is a pair of infant’s size baby “booties” with puffy sock top uppers made of a 100% cotton knit textile fabric. The pair of knit “booties” is blue in color and has the words “baby” and “prince” surrounded by stars embroidered across the instep. These infant’s booties have separately applied textile material outer soles affixed to the uppers by sewing and they are not designed to be worn inside a shoe. You state in your letter that they are available in sizes ranging from 0 to 9 months. The applicable subheading for the pair of baby booties, identified as Style 101, will be 6405.20.30, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other 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 there is a line of demarcation between the sole and the upper; and in which the upper, by weight, predominately consists of vegetable fibers such as cotton or flax (linings not included). The rate of duty will be 7.5% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. We note that the sample pair of footwear “booties” you have provided for this ruling request has not been marked with its country of origin. Therefore, if imported as is, the “booties” do not meet the country of origin marking requirements of the marking statute and will be considered not legally marked. We are returning the sample 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 646-733-3042. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division