The tariff classification of footwear from China

N028719 May 30, 2008 CLA-2-64:OT:RR:NC:SP:247 CATEGORY: Classification TARIFF NO.: 6405.20.9015 Ms. Nicole Trimble Agra-Services Brokerage Co., Inc. 221-20 147th Avenue Jamaica, NY 11413 RE: The tariff classification of footwear from China Dear Ms. Trimble: In your letter received May 19, 2008, on behalf of United Legwear, you requested a tariff classification ruling for three indoor slippers. The submitted three half pair samples, identified as style “AWHT” (white and pink), style “BBURG” (black) and style “Cwhtblk” (black and white), are all above the ankle height bootie-type slippers with bulky textile material uppers and separately affixed or applied textile material outer soles that will contact the ground when in use. You state that slipper styles “AWHT” and “BBURG” both have handmade crocheted knee high bootie uppers of acrylic textile material with separately sewn-on predominately cotton textile soles with rubber/plastic traction dots. Style “Cwhtblk” you state, has a knit acrylic textile material knee high upper and it also has a separately knit acrylic textile material outer sole with a visible line of demarcation where it is attached to the upper by stitching. All three slippers also have textile cord lace closures with pompoms that are laced around their toplines and tied with a bow. These sock-type house slippers are not designed to be worn inside shoes. The applicable subheading for the three bootie slippers, identified as style “AWHT,” style “BBURG” and style “Cwhtblk,’ 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/. The submitted samples are not marked with the country of origin. Therefore, if imported as is, the footwear will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the footwear would 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, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article." 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