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NY 885379





April 27,1993

CLA-2-64:S:N:N8:346-T 885379

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.30

Ms. Karen L. Tornoe
2006 Bacon Park Drive
Savannah, GA 31406

RE: The tariff classification of a pair of slippers from Guatemala.

Dear Ms. Tornoe:

In your letter dated April 20, 1993, you requested a tariff classification ruling.

The submitted sample is identified by you as a pair of "Cozy Slippers". The slipper is flat and oblong in shape, with a woven cotton textile upper and a separately sewn on outsole of the same cotton textile material. The slipper bottom is cushioned by a 1 inch thick piece of foamed plastic padding.

The applicable subheading for this item will be 6405.20.30, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the outer sole's external surface is predominately other than rubber, plastics, leather or composition leather; in which the upper's external surface is predominately textile materials; in which there is a line of demarcation between the sole and the upper; and in which the upper, by weight, predominately consist of vegetable fibers such as cotton or flax. The rate of duty will be 7.5 percent ad valorem.

The submitted sample is not marked with the country of origin. Therefore, if imported as is, the shoe will not meet the country of origin marking requirements of 19 USC 1304. Accordingly, the shoe will be considered not legally marked under the provisions of 19 CFR 134.11 which states "every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or container) will permit."
We are returning the sample 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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