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HQ 085674


December 1, 1989

CLA-2 CO:R:C:G 085674 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.3060

Mr. I. Matitia
International Seaway Trading Corp.
6680 Beta Drive
Mayfield Village, OH 44143

RE: Request for classification ruling for Terry Cloth Scuff and Pouch (Style #297003)

Dear Mr. Matitia:

This ruling is being issued in response to your letter of August 31, 1989, requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for a pair of terry cloth slippers with pouch from China.

FACTS:

The subject sample is a pair of terry cloth slippers with a terry cloth carrying pouch. The slippers have a foam bottom of approximately 1 inch in thickness which has an external surface of, terry cloth material. The slipper is marked "100% cotton". The upper is of the same terry cloth material and has an elastic textile band which is approximately 1 1/2 inches wide and 12 1/2 inches in length, with a satin-like trim on the inside of the band. The band is anchored at the toe area and goes through two loops at the heel. The accompanying pouch is made of the same material as the slipper with the same color and trim. The pouch has two pockets which conform to the maximum length and width dimensions of the slippers. You claim that the slippers and pouch will be imported as a unit.

ISSUE:

Whether the subject slippers and pouch are classifiable under the same tariff number in the HTSUSA? If not, are they classifiable as a set?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), -2-
taken in order. GRI 1 provides that the starting point is the terms of the headings of the tariff and any relevant section or chapter notes, and then, if necessary, in accordance with the remaining GRI's.

In your letter you stated your believe that the goods are classifiable in Heading 6405, HTSUSA, because they are considered an entirety, according to GRI 5(a). GRI 5(a) provides that containers specially shaped or fitted to contain specific articles, suitable for long-term use and entered with the articles, shall be classified with such articles when of a kind normally sold therewith. In addition, pursuant to GRI 5(b), packing materials and containers are also classified with the goods if they are of a kind normally used for packing such goods and are not suitable for repetitive use.

It is Customs position that the subject pouch is classifiable separately from the slippers because it does not meet the requirements of GRI 5. The pouch is not specially shaped or fitted to contain the slippers and the pouch is suitable for repetitive use. Therefore, the pouch is classifiable in Heading 4202, HTSUSA, which provides for containers of textile material. The slippers are classifiable under Heading 6405, HTSUSA, which provides for footwear in which the external surface is predominately textile materials.

However, the merchandise at issue is put together to meet a particular need (in this case, the terry cloth pouch serves to absorb the moisture from the shower slippers), and is put up in a manner suitable for sale directly to the consumer. The slippers and pouch are a set put up for retail sale within the requirements set forth in Explanatory Note (X) for GRI 3. The Explanatory Notes to the HTSUSA are the official interpretation of the HTSUSA at the international level. GRI 3(b) directs that goods put up in a set are to be classified as if they consisted of the component which gives the set its essential character. The slippers impart the essential character of the set, since the pouch is merely an accessory. Therefore, the goods are classifiable with the slippers under subheading 6405.20.3060, HTSUSA.

HOLDING:

The merchandise at issue is classifiable under subheading 6405.20.3060, HTSUSA, which provides for other footwear, with uppers of textile materials, with uppers of vegetable fibers, for women. The rate of duty is 7.5 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) 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.

The designated textile and apparel category may be subdivided into parts. If so, 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 that you check, close to 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 at your local Customs office.

Sincerely,

John Durant, Director

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