The tariff classification of footwear from China

NY M85483 August 29, 2006 CLA-2-64:RR:NC:SP:247 M85483 CATEGORY: Classification TARIFF NO.: 6405.20.90 Mr. Charles D. Ashear Paris Asia, Ltd. 350 Fifth Ave.- Floor 70 New York, NY 100118 RE: The tariff classification of footwear from China Dear Mr. Ashear: In your letter dated August 8, 2006 you requested a tariff classification ruling for three half pairs of women’s textile upper, textile sole, bootie-type slippers, intended exclusively for indoor use and identified as Style #’s FGS46500, FGS46501 and FGS46502. All three bootie-type slippers have, as you state, knit 100% acrylic fiber textile material uppers that cover the wearer’s ankle. Style # FGS46502 also features a laced-in drawstring with pompoms at the top. The three slippers all have separately applied textile material outer soles that cover the entire underfoot area, that are affixed to the uppers by sewing and that exhibit a pattern of rubber/plastic traction dots, approximately 1/32-inch in diameter and spaced 3/8-inch apart on center. These textile bootie-type house slippers are not designed to be worn inside shoes and they have predominately textile material outer soles that contact the ground when in use. The applicable subheading for the three bootie-type indoor use slippers, identified as Style #’s FGS46500, FGS46501 and FGS46502, will be 6405.20.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other footwear, with uppers of textile material and outer soles of other than rubber, plastics leather or composition leather; in which the fabric of the upper consists, by weight, predominately of fibers other than vegetable fibers or wool (linings, accessories or 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. 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/. We note that the submitted sample slippers are not marked with the country of origin. Therefore, if imported as is, the slippers will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the slippers will 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.” 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 646-733-3042. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division