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NY G88726




April 5, 2001

CLA-2-64:RR:NC:TP:347 G88726

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.90

Mr. Peter Jay Baskin
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, N.Y. 10004

RE: The tariff classification of a textile shoe/bootie from China.

Dear Mr. Baskin:

In your letter dated March 26, 2001, written on behalf of your client, GMA Accessories Inc., you requested a tariff classification ruling.

You have submitted a sample of what you refer to as “Slipper Bootie Modified,” #2 DVP-1000. You state this is a textile knit bootie composed of 100% acrylic fibers. The sole of the bootie also features separately applied rubber/plastics material that forms the word “Foxy,” as well as the border around the word. Visual examination of the outer sole indicates that the constituent material of the outer sole having the greatest external surface area in contact with the ground is the textile material.

The applicable subheading for the “Slipper Bootie Modified,” #2 DVP-1000 will be 6405.20.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with uppers of textile material and outer soles of other than rubber, plastics, leather or composition leather, other. The rate of duty will be 12.5% ad valorem.

We also note that the submitted sample is not marked with the country of origin. Therefore, if imported as is, the sample submitted will not meet the country of origin marking requirement 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.”

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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