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NY J87066





August 21, 2003

CLA-2-64: RR: NC: TA: 347 J87066

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.90

Ms. Cindy Hazlett
Skechers Footwear U.S.A.
228 Manhattan Beach Blvd.
Manhattan Beach, CA 90266

RE: The tariff classification of footwear from China.

Dear Ms. Hazlett:

In your letter dated August 04, 2003, you requested a tariff classification ruling.

The submitted half pair sample, identified as Style # 86900, is a child’s closed-toe, open-heel indoor house slipper that does not cover the ankle. The slipper has a textile upper with a sewn-on “Skechers DREAM GIRL” textile applique over the middle of the vamp, a textile faced, foam rubber padded insole and a stitched-on unit molded rubber/plastic and textile outsole. You state that the slipper has a textile-walking surface that accounts for 100% of the external surface area in contact with the ground.

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.

Visual examination of the outer sole indicates that it is composed of unit-molded rubber to which textile fabric has been adhered to the external surface in contact with the ground. This office regards the constituent material of the outer sole for this exclusively indoor use shoe to be predominantly of textile material.

The applicable subheading for the slipper identified as Style # 86900, 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, in which the upper, 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 slipper Style # 86990 is 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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