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NY 852415




CLA-2-64:S:N:N3D:346SM 852415

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.9090

Mr. Steven Papier
H.Z. Bernstein Co.
1 WTC, Suite 1973
New York, NY 10048

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

Dear Mr. Papier:

In your letter dated May 9, 1990, on behalf of A.D. Sutton & Sons, you requested a tariff classification ruling.

The booties are made from woven fabric. A separate piece of the self material was cut out to be the outer sole and was sewn to the upper. You state the fabric is 100% polyester. We assume these booties will not be shipped together with other infant's apparel in a single retail package.

The applicable subheading for your sample, style #1990, will be 6405.20.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, which is other than for men or women, and which has an upper and a separate outer sole of textile materials predominately made up of non-vegetable fibers. The rate of duty will be 12.5 percent ad valorem.

Your sample is being returned as 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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