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NY F81938




January 24, 2000

CLA-2-64:RR:NC:TP:347 F81938

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.30

Mr. John Imbrogulio
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Ave., Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of textile footwear from China.

Dear Mr. Imbrogulio:

In your letter dated November 22, 1999, you requested a tariff classification ruling for five styles of textile footwear. Based on additional information you have provided, we are issuing this ruling to replace NY F80456.

You have submitted samples for five styles of slip-on-type textile footwear. All five styles are made up of textile uppers and feature separately applied rubber/plastic outer soles. You state that style #1921N is made up of 100% acrylic; style #1917N is made up of 55% mohair, 29% acrylic and 16% polyester; style #1946N is made up of 85% acrylic, and 15% nylon; style #1905N is made up of 100% acrylic with a man-made fiber faux fur cuff; style #2903N is made up of 100% acrylic with plastic beaded ornamentation.

You state that you have weighed the shoe components at your in-house lab and found that the weight of the textile upper makes up 94% of the weight of each shoe. For the purposes of this ruling, we will assume these measurements to be correct, however, they may be subject to verification at the port of entry at the time of importation. You also state that these shoes will be sold as “one size fits all.”

The applicable subheading for the shoes will be 6404.19.30, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials, other, footwear of the slip-on type, that is held to the foot without the use of laces or buckles or other fasteners, the foregoing except footwear of subheading 6404.19.20 and except footwear having a foxing or foxing-like band wholly or almost wholly of rubber or plastics applied or molded at the sole and overlapping the upper, footwear which is less than 10% by weight of rubber or plastics. The rate of duty will be 12.5% ad valorem.

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 212-637-7089.

Sincerely,

Robert B. Swierupski
Director,

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