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NY J81637




March 7, 2003

CLA-2-64: RR: NC: TA: 347 J81637

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.35

Ms. Carole Ritchings
CONAIR Corporation
150 Milford Road
East Windsor, NJ 08520

RE: The tariff classification of footwear from China.

Dear Ms. Ritchings:

In your letter dated February 27, 2003, you requested a tariff classification ruling.

The submitted half pair sample identified as Model # CB-2, is a closed-toe, open-heel, slipper that does not cover the ankle. The slipper has a textile material upper with an approximate 1 ¼-inch wide woven textile top-line collar that traverses the middle of the vamp. The slipper also has a padded insole and features a rubber/plastic outsole with a vibrating unit that is embedded in the heel section and controlled by a push-button on & off side outsole switch. The vibrating unit is powered by four AA batteries, which will be imported with the slipper.

The applicable subheading for Model # CB-2, 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. The rate of duty will be 37.5% ad valorem.

We also note that the submitted slipper is not marked with the country of origin. Therefore, if imported as is, the sample submitted will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the shoes 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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