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NY 855024


August 23,1990

CLA-2-64:S:N:N3D:346 SM 855024

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.9015

Mr. Jack Maleh
Cradle Togs, Inc.
77 South First Street
Elizabeth, NJ 07206

RE: The tariff classification of woven fabric baby booties from China.

Dear Mr. Maleh:

In your letter dated July 31, 1990 you requested a tariff classification ruling.

Your four samples (style numbers 1002, 1288, 1905 and 1834) have woven fabric uppers stitched to a separate piece of self material which serves as the outersole. You state, "the fabric used is a shell of 65% polyester/35% cotton woven material..." Some have lace ornaments; some have shoelaces; one has a buckle closure.

The applicable subheading for all four samples will be 6405.20.9015, Harmonized Tariff Schedule of the United States (HTS), which provides for house slippers, in which the outersole is predominately other than rubber, plastics, leather or composition leather; in which the upper's external surface is predominately of a textile material which predominately consists, by weight, of fibers other than vegetable fibers or wool; and in which there is a "line of demarcation" between the sole and the upper. The rate of duty will be 12.5 percent ad valorem.

Your sample is being returned as you requested.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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