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HQ 086387
April 25, 1990

CLA-2 CO:R:C:G 086387 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.92.2000

Ms. Audrey Mammato
Jam, Inc.
P.O. Box 414
Whitestone, NY 11357

RE: Slipper Part

Dear Ms. Mammato:

This is in reply to your letters of December 14, 1989 and December 28, 1989, requesting classification of a women's terry cloth slipper part under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Two samples were provided for inspection.

FACTS:

The items at issue are constructed of 100 percent terry cloth cotton, cut and sewn to form slippers. The slippers are made to encompass the foot all around; the opening has an elastic type edge which functions to hold the slipper securely onto the foot. One sample differs from the other in that it has an applied sole of rubber. You assert that the slipper sample without an applied sole is imported from China as a part of a house slipper, and that it becomes a complete slipper after the sole is applied in the United States.

ISSUE:

Whether the merchandise at issue, as imported, qualifies as parts of footwear for classification under heading 6406, HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that the classification shall be determined according to the terms of the headings and any relevant section or chapter notes.

The article is essentially the same as slippers imported for use directly by consumers and is capable of such use in the condition imported. Accordingly, the slipper does not qualify as parts of footwear under heading 6406, HTSUSA.

In addition, Chapter Note 1(a) to chapter 6404, HTSUSA, states that chapter 64 does not cover footwear without applied soles, of textile material (Chapter 61 or 62). Therefore, since this merchandise is imported into the United States without an applied sole, it is excluded from classification under Chapter 64, HTSUSA.

HOLDING:

The merchandise at issue is classified under subheading 6115.92.2000, HTSUSA, which provides for pantyhose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted, women's full-length or knee-length hosiery, measuring per single yarn less than 67 decitex, other, of cotton, other, textile category 332, and dutiable at a rate of 14.4 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available we suggest you check, close the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service which is updated weekly and is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

Jerry Laderberg
Acting Director

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