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NY L84631




May 10, 2005

CLA-2-64:RR:NC:SP:247 L84631

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.90

Ms. Francine Marcoux
Hampton Direct Inc.
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of footwear from China

Dear Ms Marcoux:

In your letter dated April 25, 2005 you requested a tariff classification ruling.

The submitted sample is a pair of women’s indoor use slippers identified as your item “Leopard Print Slippers” with SKU #’s 29760 (small), 29762 (medium) and 29764 (large). The slipper, which covers the ankle has as you state, a 100% polyester polar fleece textile material upper that features a leopard print lining along with a fold-over ankle collar, a decorative bow tied cord and leopard print spotted sole-top edging trim. The slipper also has a stitched-on textile material outer sole with an arrayed pattern of 1/32 inch diameter rubber/plastic traction dots, spaced approximately 3/8-inch apart on center. It is our observation that the material of the outer sole that mostly contacts the ground on this indoor use slipper is textile.

The applicable subheading for the “Leopard Print Slippers” identified with SKU #’s 29760 (small), 29762 (medium) and 29764 (large) will be 6405.20.90, 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; in which the fabric of the upper consists, by weight, predominately of fibers other than vegetable fibers or wool (linings, accessories or reinforcements not included); and which has a line of demarcation between the sole and the upper. The rate of duty will be 12.5% ad valorem.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. We note that the sample slippers you have provided for this ruling request have not been marked with the country of origin. Therefore, if imported as is, the shoes do not meet the country of origin marking requirements of the marking statute and will be considered not legally marked.

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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