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NY J86879




August 7, 2003

CLA-2-64:RR:NC:TA:347 J86879

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.9015

Ms. Suzanne McDuell
Chesta Co., Inc.
Pickerington, OH 43147

RE: The tariff classification of footwear from China

Dear Ms. McDuell:

In your letter dated July 18, 2003 you requested a tariff classification ruling.

The submitted sample, identified as Item #TCJ-8464, is a pair of women’s pull-up, sock-top house slippers. This indoor slipper covers the wearer’s ankle and has a knit textile material upper approximately 8-inches high that features a 3-inch wide plush and fuzzy man-made textile material topline cuff. It also has as you state, a fabric covered TPR (thermal plastic rubber) outsole.

Note 4(b), Chapter 64, Harmonized Tariff Schedule of the United States (HTSUS), states that the constituent material of the outer sole shall be taken to be the material having the greatest surface area in contact with the ground, no account being taken of accessories or reinforcements such as spikes, bars, nails, protectors or similar attachments. The Explanatory Notes to Chapter 64 HTS, offer the term “when in use” to the external surface area of the outer sole determination.

The outer sole of this house slipper consists of a unit-molded rubber/plastic that is almost entirely covered with a textile fabric permanently adhered to the external surface that will contact the ground. The purpose of the textile material on the surface of the rubber/plastic sole is not explained. Due to the fact that this type of footwear is inappropriate for outdoor use, this office will consider textile material, which accounts for almost all of the surface area in contact with the ground to be a plausible soling material for this exclusively indoor use slipper-shoe.

The applicable subheading for this house slipper, identified as Item #TCJ-8464, will be 6405.20.9015, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with uppers of textile material and outer soles of other than rubber, plastics leather or composition leather, other. The rate of duty will be 12.5% ad valorem.

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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