The tariff classification of footwear from China

NY M85617 August 28, 2006 CLA-2-64:RR:NC:SP:247 M85617 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 7, 2006 you requested a tariff classification ruling for five pairs of girl’s textile upper, textile soled bootie-type house slippers, intended exclusively for indoor use. The five bootie-type slippers all have a different design animal character face (some with raised ears and sewn-on bows) that has been sewn-in or embroidered-on to the vamp in the area above the toes and the instep. These five “animal face” slippers all have raised textile material noses, eyes, lips or mouths and are identified as Style # FGGS16167 (lamb), Style # FGGS16183 (hippopotamus), Style # FGGS16565 (pig), Style # FGGS165167 (duck) and Style # FGGS16568 (frog). All five of the bootie slippers have, you state, 100% polyester fiber textile material uppers that cover the wearer’s ankle and that include a 1-inch wide knit textile topline collar trim. They also all have separately applied textile material outer soles that cover the entire underfoot area, that are affixed to the uppers by sewing and that also feature a widely spaced pattern of arrayed rubber/plastic traction points, or as you state “grippers.” These textile bootie-type house slippers are not designed to be worn inside shoes and they all have outer soles that will contact the ground when in use. You indicate in your letter that they will be available in sizes medium and large. The applicable subheading for the five bootie-type indoor use slippers, identified as Style # FGGS16167 (lamb), Style # FGGS16183 (hippopotamus), Style # FGGS16565 (pig), Style # FGGS165167 (duck) and Style # FGGS16568 (frog), 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