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NY 867509


OCTOBER 29, 1991

CLA-2-64:S:N:N3:D 346SM 867509

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.9015

Ms. Evelyn Appel-Schaefer
James J. Boyle & Co.
7505 N.E. Ambassador Pl., Suite B
Portland, OR 97220

RE: The tariff classification of Infant's booties from Hong Kong.

Dear Ms. Appel-Schaefer:

In your letter dated September 20, 1991, received on October 2, 1991, for Hanna Andersson, Inc., you requested a tariff classification ruling.

The sample, item 0944, is a pair of booties made of a woven fabric of 100% polyester. The "sole" is a separate piece of fabric. There are two elastic bands, one two inches above the sole and the other six inches above, which will hold the bootie to the baby's foot.

Per pages 14 and 15 of the Hannah Andersson catalog in effect through 2/1/92, zippered snowsuits (item 0943) of matching material are also sold. However, the booties are sold separately and we assume that they will not be imported in the same retail package as the snowsuits. In general, booties of various designs are often sold separately.

The applicable subheading for the sample will be 6405.20.9015, Harmonized Tariff Schedule of the United States (HTS), which provides for house slippers, in which the external surfaces of the outer soles and uppers are predominately of textile materials; in which the outer layer of the upper is, by weight, predominately of other than vegetable fibers or wool; and which has a line of demarcation between the sole and the upper. The rate of duty will be 12.5 percent ad valorem.

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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