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NY H87667




February 21, 2002

CLA-2-64:RR:NC:TA:347 H87667

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.35

Ms. Ginna Anselmo
Cargotrans,Inc.
275 North Central Ave.
Valley Stream, NY 11580

RE: The tariff classification of footwear from Turkey.

Dear Ms.Anselmo:

In your letter dated February 07, 2002, on behalf of your client Frette Incorporated you requested a tariff classification ruling.

You have submitted half pair sample, identified as a “ Man’s Waffle Slipper”. This sample does not have a item, model, style or pattern number associated with it. The footwear is of a slip-on type, that has a closed-toe, open-heel, a textile fabric material upper and a sewn on rubber/plastic outer sole.

The applicable subheading for the sample 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 to 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.

You have also asked for a decision of the placement of the country of origin label. The sample shoe features two textile labels, a sewn-on label prominently displayed in the heel portion of the footbed/insole which has the name of a U.S. locality printed on it and the actual country of origin label sewn into the inside of the vamp. It is the opinion of this office that the country of origin label is not conspicuous and that the ultimate consumer in the U.S. would be confused as to the country of origin of the shoes.

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) imported 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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

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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