The tariff classification of footwear from Italy

N240879 May 10, 2013 CLA-2-64:OT:RR:NC:N4:447 CATEGORY: Classification TARIFF NO.: 6402.99.3165 Mr. David W. Lang Blue Vibe, Inc. 303 Buxton Road Falls Church, VA 22046 RE: The tariff classification of footwear from Italy Dear Mr. Lang: In your electronic ruling request submitted on January 22, 2013 and your follow-up sample submission received on April 19, 2013 you requested a tariff classification ruling. The submitted sample identified as style name “Dream,” is a closed toe/open heel indoor/outdoor “unisex” slipper of two piece construction. Stitched to the rubber or plastics outer sole is a rubber or plastics upper which features a small riveted metal company logo on its lateral side. This metal logo does not account for more than 10 percent of the upper’s external surface area. The slipper does not have a foxing or a foxing-like band and is not protective against water, oil, grease or chemicals or cold or inclement weather. The applicable subheading for the unisex slipper, style name “Dream” will be 6402.99.3165, HTSUS, which provides for footwear with outer soles and uppers of rubber or plastics: other footwear: other: other: having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): other: other: other: for women. The rate of duty will be 6 percent 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, Thomas J. Russo Director National Commodity Specialist Division