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NY G85251




December 28, 2000

CLA-2-64:D11:G85251

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.90

Mr. John Casanas
AJ International, Inc.
1300 Midland Avenue – B55
P.O. Box 818
Yonkers, NY 10704

RE: Classification of footwear.

Dear Mr. Casanas:

In your recent letter, dated December 4, 2000, on behalf of Cherries Footwear L.L.C., New York, you requested tariff classifications on three shoes to be produced in China.

The submitted samples, style numbers TD3015-Fluff, FB3009C-Fluff and SC3111-Cat are toddlers’ misses’ and women’s slip-on slippers with outer soles produced from textile with an evenly spaced pattern of protruding rubber and/or plastic traction dots. Visual examination indicates more of the textile material contacts the ground than the traction dots. Therefore, the constituent material of the outer sole for these shoes is considered to be textile.

Style number TD3015-Fluff has an upper consisting of imitation fur and a metallic material. Visual examination of the metallic material indicates it is made from synthetic fibers and coated fibers. You did not furnish a component breakdown, thus we assume the textile is the material having the greatest surface area of the upper.

Style number FB3009C-Fluff has an upper consisting of imitation fur and a woven synthetic textile upper.

Style number SC3111-Cat has an upper consisting of imitation fur and a woven synthetic textile upper. The upper resembles an orange tabby cat.

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

The applicable subheading for the samples will be 6405.20.90, Harmonized Tariff Schedule of United States, HTS, which provides for other footwear, in which the upper’s external surface is predominatley produced from synthetic textiles; in which the outer sole is textile. The rate of duty will be 12.5 percent ad valorem.

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.

If you have any questions pertaining to this ruling, please contact Field National Import Specialist Anthony Cataldo at 617-565-6126 or National Import Specialist Richard Foley at 212-637-7089.

Sincerely,

Elaine K. Kwiecien
Acting Port Director,
Boston

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