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NY H86814




January 14, 2002

CLA-2-64:RR:NC:TP:347 H86814

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.35

Ana Bajon
Toastee Toes LLC
165 Sayre Drive
Princeton, NJ 08540

RE: The tariff classification of textile footwear from Ecuador.

Dear Ms. Bajon:

In your letter dated December 21,2001, you requested a tariff classification ruling.

You have submitted three half pair samples of what you describe as “Unisex” fleece slipper moccasins. None of the samples has an item, model, style or pattern number associated with it. All of these slippers have an upper external surface area comprised of both textile and 1” Suede strip encircling the lower portion of the footwear. These closed-toe, closed-heel, slip-ons do not have a foxing or foxing-like band. Two samples have a rubber/plastic outer sole and one has a leather outer sole.

The applicable subheading for the samples composed of textile uppers and rubber/plastic soles will be 6404.19.35, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles of rubber or plastics and uppers of textile materials: footwear of the slip-on type, that is held the foot without the use of laces or buckles or other fasteners, not having a foxing-like band: which is 10% or more by weight of rubber or plastics: other: other. The rate of duty will be 37.5% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the sample with the leather outer sole. Your request for a classification ruling should include the following:

Breakdown of component materials by weight for textile upper, leather sole footwear. We suggest a laboratory analysis to provide accurate percentages of all component materials present.

Please identify item, model, style or pattern number for the footwear.

Please provide the price per pair for the footwear.

When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

Additionally, the submitted textile slipper with a leather outer sole is not marked with the country of origin. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) importer into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a 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 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 646-733-3042.

Sincerely,

Robert B. Swierupski
Director,

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