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NY H82396




July 10, 2001

CLA-2-64:RR:NC:TA:347 H82396

CATEGORY: CLASSIFICATION

TARIFF NO. 6405.20.90

Ms. Lisa E. Girvin
Eddie Bauer
P.O. Box 9700
Redmond, WA 98073-9700

RE: The tariff classification of footwear made in Spain.

Dear Ms. Girvin:

In your letter dated June 7, 2001 you requested a classification ruling for two styles of women’s slippers. You have submitted a sample of style number 020-0415 which you describe as a women’s fabric skimmer, a slip-on shoe with a closed toe and heel, and style number 020-0416 which you describe as a women’s fabric mule, a slip-on shoe with an open heel. The outer sole and upper for both styles is composed of textile materials.

The applicable subheading for styles 020-0415 and 020-0416 will be 6405.20.90, Harmonized Tariff Schedule of the United States, (HTS) which provides for other footwear with uppers of textile material, other, The rate of duty will be 12.5 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 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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