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NY B80524



January 22, 1997

CLA-2-64:RR:NC:TP:347 B80524

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.30, 6402.20.00

Mr. Kevin Maher
C-Air Custom House Brokers
153-66 Rockaway Boulevard
Jamaica, New York, 11434

RE: The tariff classification of plastic sandals and a textile bag from China

Dear Mr. Maher:

In your letter dated December 20, 1996, written on behalf of Valentine USA, you requested a tariff classification ruling.

The submitted sample, style #AZI-2673, is a thong style, open toe, open heel sandal which you state is made of 100% plastic. The one-piece Y-strap upper is distinct from the sole, the ends of which penetrate and are secured by means of plugs into a sole of even thickness. There is no lining on the inner surface of the upper or on the sole.

You have also submitted a bag made of 100% nylon mesh with a draw string closure at one end. The bag measures 13 1/2 inches in length and 6 3/4 inches in width. We would consider this a nylon "stuff" bag, which is an article designed to contain personal effects during travel. It is not specifically shaped nor fitted for any particular item.

The applicable subheading for the shoes will be 6402.20.00, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles and uppers of rubber or plastics with upper straps or thongs assembled to the sole by means of plugs (zoris). The rate of duty will be 1.4% ad valorem.

The applicable subheading for the nylon mesh stuff bag will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for articles such as traveling bags, of textile materials, other. The rate of duty will be 19.3% ad valorem.

Item 4202.92.3030 falls within textile category designation 670. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office

We also note that the submitted samples are not marked with the country of origin. Therefore, if imported as is, the samples submitted will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the shoes and bag 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."

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Richard Foley at 212-466-5890.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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