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NY H82501




June 25, 2001

CLA-2-64:RR:NC:TA:347 H82501

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.9060 ; 6116.93.8800

Mr. Sauaso M. Tuuao
James G. Wiley Co.
5305 W 102nd St.
Los Angeles, CA 90045

RE: The tariff classification of footwear and gloves from China

Dear Mr. Tuuao:

In your letter dated June 11, 2001, on behalf of Cisco Sales Corp., you requested a classification ruling. The two submitted samples identified as Item 1 and Item 2, without any style numbers indicated, are described as follows.

Item 1 is a bootie-type indoor slipper with a polyester fleece textile upper and a separately sewn-on polyester fleece textile outer sole. You state that this slipper is designed as one size fits all and is intended for unisex wear. You indicate that this item can also serve as a “footwamer” slipper by having a microwave heated “herbal packet” inserted into a pocket on the sole.

Item 2 is a polyester fleece mitt with a pocket on the palmside, which you have indicated will hold a microwave heated herbal packet. The mitt also features a partially elasticized wrist on the backside and a hemmed bottom.

The applicable subheading for Item 1, the slipper, will be 6405.20.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the outer sole’s external surface is not predominately rubber, plastics, leather or composition leather; in which the upper’s external surface is predominately textile materials; in which the largest fabric of the upper consists, by weight, predominately of fibers other than vegetable fibers or wool (linings, accessories and reinforcements not included); and which has a line of demarcation between the sole and the upper. The duty rate will be 12.5% ad valorem.

The applicable subheading for Item 2 will be 6116.93.8800, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: without fourchettes. The duty rate will be 19% ad valorem.

Item 2 falls within textile category designation 631. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 this ruling that concern Item 1, contact National Import Specialist Richard Foley at 212-637-7089. For questions that concern Item 2, contact National Import Specialist Brian Burtnik at 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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