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NY L82768




March 3, 2005

CLA-2-64:RR:NC:247: L82768

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.90

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
New York, NY 10036-8901

RE: The tariff classification of footwear from China

Dear Ms. Wierbicki:

In your letter dated February 22, 2005, you requested a tariff classification ruling for three ladies textile slipper socks on behalf of Accessory Network Group, LLC. The samples, which you identify as fleece booties with gripper soles are style numbers CA638, CA634 and CA635. You state that the booties’ construction is of a knit man-made fiber fleece textile material with the outer soles incorporating “traction dots” of PVC plastisol.

The applicable subheading for the slipper socks will be 6405.20.90 Harmonized Tariff Schedule of the United States, (HTS), which provides for other footwear, with uppers of textile materials, other. The general rate of duty will be 12.5 percent ad valorem.

The submitted samples are not marked with the country of origin. Therefore, if imported as is, it 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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