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NY H81332




May 25, 2001

CLA-2-64:RR:NC:TA:347 H81332

CATEGORY: CLASSIFICATION

TARIFF NO. 4202.92.4500, 6405.20.30

Ms. Wendy G. Ford
Import Manager
Fritz Companies, Inc.
538-J North Regional Road
P.O.Box 35076
Greensboro, NC 27425-5076

RE: The tariff classification of footwear and bag made in China.

Dear Ms. Ford:

In your letter dated May 14, 2001 you requested a classification ruling on behalf of your client, Sara Lee Footwear for a ladies terry slipper and a plastic bag from China. You have not provided a style number for either item and you state that the importer has asked for a separate ruling for each item. We will therefore assume that the items are not imported together.

The slipper has an outer sole of textile material with an evenly spaced pattern of rubber/plastics dots on the surface. The upper is composed of a textile material which you describe as terry, for purposes of this ruling we assume the material is cotton. A visual examination of the outer sole indicates that textile predominates insofar as the component material with the greatest external surface area in contact with the ground.

The applicable subheading for the slipper will be 6405.20.30, Harmonized Tariff Schedule of the United States, (HTS) which provides for other footwear with uppers of textile material, having uppers of vegetable fibers and outer soles of other than rubber, plastics leather or composition leather, other. The rate of duty will be 7.5 percent ad valorem.

The bag is a toiletry bag of polyvinyl chloride. The applicable subheading for the bag will be 4202.92.4500, HTS, which provides for toiletry bags, other, with outer surface of sheeting of plastic or of textile materials, other. The rate of duty will be 20 percent ad valorem.

The submitted samples are not marked with the country of origin. Therefore, if imported as is, will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the items 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, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article."

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

A copy of this ruling letter 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 this ruling, contact National Import Specialist, Richard Foley at (212) 637-7089.

Sincerely,

Robert Swierupski
Director,

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