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NY K87771




July 20, 2004
CLA-2-64:RR:NC:247: K87771

CATEGORY: CLASSIFICATION

TARIFF NO.: 6401.99.30

Mr. Kristofer E. Tompkins
Spellbound Development Group, Inc.
16902 Millikan Avenue
Irvine, CA 92606

RE: The tariff classification of disposable shoe covers from China

Dear Mr. Tompkins:

In your letter dated July 8, 2004, you requested a tariff classification ruling for a disposable shoe cover (#5-1000). You state that “the sample is a Disposable Shoe Cover that can be placed over any type of shoes. Their uppers are molded in one piece with two outer sole pads fixed to the upper cover by glue. The uppers are made of Thermoplastic Elastomer (TPE) and the sole pads are made from Nitrile Rubber.“ You also state that ”the shoe covers were designed to protect workers against slips and falls, as well as keeping floor contaminates (water, oil, chemicals and/or grease) from spoiling their shoes. If a worker comes in without their heavy duty anti-slip and fall shoes, they can be given a pair of shoe covers for temporary one-time use for the day and then dispose of them when finished. The intended market is geared toward the Food Service, Convenience Store, Hotel, Hospital and Grocery Industries. The estimated value per Disposable Shoe Cover is $0.50. These Disposable Shoe Covers will be available in two sizes to fit all and will not have a right or left shoe; each shoe cover will fit either foot.”

The applicable subheading for the shoe cover, will be 6401.99.30, Harmonized Tariff Schedule of the United States (HTS), which provides for waterproof footwear with outer soles and uppers of rubber/plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes, other, not covering the ankle, other, designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather, designed for use without closures. The general rate of duty will be 25 percent ad valorem.

The submitted sample is not marked with the country of origin. Therefore, if imported as is, will not meet the country of origin marking requirements 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, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article."

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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