The tariff classification of footwear from China

N011633 June 4, 2007 CLA-2-64:RR:NC:SP:247 CATEGORY: Classification TARIFF NO.: 6405.20.9015 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 May 18, 2007 you requested a tariff classification ruling. The submitted sample, identified as Style #57L70692-1, is a women’s indoor use slipper with a knit textile material upper and a separately attached textile material outer sole. You state that this “Mary Jane” type house slipper has a knit, 99% polyester/1% spandex textile fiber material upper with a knit textile closure strap at the instep. The separately sewn-on textile material outer sole has a pattern of small, widely spaced rubber/plastic traction disks glued onto its outer surface, but the constituent material of the outer sole that is mostly in contact with the ground is textile. We note that this bootie-like slipper is not designed to be worn inside shoes. The applicable subheading for the “Mary Jane” slipper, Style #57L70692-1, will be 6405.20.9015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other footwear: with uppers of textile materials: other…house slippers. 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 is not marked with the country of origin. Therefore, if imported as is, it will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the footwear 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 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