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NY H81502




May 30, 2001

CLA-2-64:RR:NC:TA:347 H81502

CATEGORY: CLASSIFICATION

TARIFF NO. 6402.99.18

Mr. William T. Anderson, Sr.
President
Nextec International
9000 W. Sheridan St. Ste.132
Pembroke Pines, FL 33024

RE: The tariff classification of a vibrating sandal from China.

Dear Mr. Anderson:

In your letter dated May 4, 2001 you requested a classification ruling for an open toe, open heel plastic platform sandal. You state that the “Vibrasorb” sandal will be worn as a regular shoe and when wanted, the wearer can turn on the vibrating unit located under the heel to refresh their feet. The upper of the sandal is PVC and the outer sole is constructed of sheet EVA cemented in layers. The vibrating unit consists of a small electric motor with an “off center” cam attached to the shaft of the motor, which causes the vibration. The motor is powered by four AA batteries which may or may not be imported with the sandal.

Classification of merchandise under the HTS is governed by the General Rules of Interpretation (GRI), taken in order. GRI 3(b) provides that composite goods consisting of different materials or made up of different components shall be classified as if they consisted of the material or component which gives them their essential character. We believe that the essential character of this item is imparted by the footwear.

The applicable subheading for the “Vibrasorb” sandal, whether imported with the batteries or without, will be 6402.99.18, Harmonized Tariff Schedule of the United States, (HTS) which provides for footwear with outer soles and uppers of rubber or plastics, other, not covering the ankle, having uppers of which over 90 percent of the external surface area (including accessories or reinforcements) is rubber or plastics, not having a foxing or foxing-like band, not designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather, other. The general rate of duty will be 6 percent ad valorem.

The submitted sample is 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 footwear 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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