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NY I85887




September 17, 2002

CLA-2-64: RR: NC: TA: 347 I85887

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.90

Ms. Leslie Araki
SST International
10415 S. La Cienega Blvd.
P.O. Box 45055
Los Angeles, CA 90045

RE: The tariff classification of footwear from China.

Dear Ms. Araki:

In your letter dated September 04, 2002, on behalf of your client, It’s All Greek to Me; you requested a tariff classification ruling.

The submitted half pair sample, identified as Style # 91047- Moose Character Baby Bootie, is a infant’s closed-toe, closed-heel bootie-slipper with an upper external surface area that you state is comprised of a “Tricot Fabric.” The bootie-slipper features a “Moose Head” at the front of the toe, covers the ankle and has an approximate 1-inch encircling knit textile sock top collar. The outsole is a soft textile material covered with an evenly spaced pattern of rubber/plastic dots. The protruding dots are approximately 2 mm in diameter and spaced approximately 3 mm apart. Our visual examination of the bootie-slipper indicates that the constituent material of the outer sole having the greatest external surface area in contact with the ground is textile.

The applicable subheading for Style # 91047- Moose Character Baby Bootie, will be 6405.20.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the sole’s external surface is predominately other than rubber, plastics, leather or composition leather, in which the upper’s external surface is predominately textile materials, which by weight, predominately consists of fibers other than vegetable fibers or wool, and which has a line of demarcation between the sole and the upper. The rate of duty will be 12.5% ad valorem.

We also note that the submitted bootie-slipper(s) is/are not marked with the country of origin. Therefore, if imported as is, the footwear submitted will not meet the country of origin marking requirement 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.”

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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