The tariff classification of footwear from China

N135369 December 29, 2010 CLA-2-64:OT:RR:NC:N4:447 CATEGORY: Classification TARIFF NO.: 6405.20.90 Ms. Jolene Grinstead 17829 Valley Blvd. Industry, CA 91744 RE: The tariff classification of footwear from China Dear Ms. Grinstead: In your ruling request dated November 29, 2010 you requested a tariff classification ruling. The submitted sample which you identify as Item #112910, is a closed toe/open heel indoor slipper having a unit molded outer sole composed of rubber/plastic with a thin layer of textile material applied to its surface. You identify the upper as being composed of textile material and state that the slipper is to be worn by both men and women alike (unisex). You suggest that this item be classified under subheading 6405.20.9015. We agree with this classification only to the eight digit because the sample does not meet the tariff definition of house slippers under Statistical Note 1(d) to Chapter 64, Harmonized Tariff Schedule of the United States (HTSUS). The applicable subheading for Item #112910 will be 6405.20.90, HTSUS, which provides for other footwear: with uppers of textile materials: other. 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 sample is not marked with the country of origin. Therefore, if imported as is, it 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." 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 Stacey Kalkines at (646) 733-3042. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division