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NY D80246


August 6, 1998

CLA-2-64:RR:NC:TA:347 D80246

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.90.9000

Mr. Robert P. Kenneally

Tower Group International

150 Eastern Avenue

Chelsea, MA 02150-3352

RE: The tariff classification of footwear from China

Dear Mr. Kenneally:

In your letter dated July 9, 1998, on behalf of Bandwagon Inc., you requested a tariff classification ruling.

The submitted sample is a pair of women's open back, wedge heeled house slippers, with polyurethane plastic uppers and stitched on textile outer soles.

The applicable subheading for this item, identified by you as "Shimmer Slippers", will be 6405.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the external surface of the upper is predominately rubber or plastics and the external surface of the outer sole is not predominately rubber or plastics; in which there is a line of demarcation between the sole and the upper; and which is not disposable footwear designed for one time use. The rate of duty will be 12.5 percent ad valorem.

The submitted sample is not marked with the country of origin. Therefore, if imported as is, the slipper will not meet the country of origin marking requirements of 19 U.S.C. §1304. Accordingly, the slipper will 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,


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