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NY 872992


April 28, 1992

CLA-2-64:S:N:N3D:346 M 872992

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.9015

Mr. Marty Langtry
Tower Group International, Inc.
5420 West 104th Street
Los Angeles, CA 90045

RE: The tariff classification of a slipper from Taiwan or China

Dear Mr. Langtry:

In your letter dated April 1, 1992, on behalf of your client Stonewall Trading, you requested a classification ruling.

The submitted sample, your style #7126, is a woman's textile slipper bootie that has an upper made of, you have stated, acrylic textile. The bootie has a label with the "Honors" logo stitched at the back of the heel of the upper, a polyester lining, and a foam padded interlining. The slipper also has a separately applied bottom which, you have also stated, is 100% cotton. The external surface of the sole is partially covered with PVC traction diamond and trapezoid shaped designs. The same PVC material has been used to apply the "Honors" logo to the external surface of the sole.

We note that the item has a "soft" sole and that the areas with the pvc designs are raised 1/32 inch or less relative to the uncoated areas. You have furnished, with your request, a breakdown of the percentage of the textile sole that is covered by the plastic designs. Your figures indicate that 33% of the sole is covered by these designs.

In accordance with the rulings of our Headquarters, the subject bootie has a sole with an external surface predominately of textile material.

We also note that you have stated in your letter that the subject bootie should be classified under HTS #6405.20.9015. The suffix number 15 is the stat breakout for "house slippers". In the same letter, you stated that the slipper cannot be considered a "house slipper" under HTS #6405.20.9015, as it does not meet the definition according to Chapter 64, Statistical Note 1 (h). We see this as rather contradictory. After examining the merchandise, we found that it does meet the definition of "house slippers" under Chapter 64, Statistical Note 1 (h), because it measures less than 1/16 of an inch thick in fabric outersole material.

We further note that the sample is not marked with the country of origin. Although this style is presumably a prototype sample for which marking is not necessarily required, when commercial shipments are imported, marking, indicating the country of origin, will be required. If the booties have not been marked to indicate the country of origin, they will not meet the requirements of 19 U.S.C. 1304. According to that Section, the booties 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."

The applicable subheading for the slipper will be 6405.20.9015, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the sole's external surface is predominately other than rubber, plastic, leather or composition leather; in which the upper's external surface is predominately textile materials; in which the upper, by weight, predominately consists of fiber other than vegetable fiber or wool; and which has a line of demarcation between the sole and the upper. The rate of duty will be 12.5% ad valorem.

This ruling is being issued under the provisions of Section l77 of the Customs Regulations (l9 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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