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NY L87611





November 9, 2005

CLA-2-64:RR:NC:SP:247 L87611

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.90

Ms. Susie Koo
DML Marketing Group, LTD
LEGALE
7711 Hayvenhurst Avenue
Van Nuys, CA 91406

RE: The tariff classification of footwear from China

Dear Ms. Koo:

In your letter dated October 18, 2005 you requested a tariff classification ruling.

The submitted sample is an indoor use slipper that you identified as a “Mary Jane” style with your reference number SB-1012-01. The slipper has a textile material upper with a strap across the top opening and a separately sewn-on mostly textile material outer sole that also has some small, widely spaced rubber/plastic traction disks. The slipper is constructed of two pieces, an upper and a sole that are crocheted separately and then sewn together with thread, forming a definable line of demarcation between the textile upper and textile sole. You state that the textile material upper and sole are made of 90% polyester and 10% nylon yarn.

The applicable subheading for the indoor slipper, identified as reference number SB-1012-01, 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 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 item indoor slipper that you have provided for this ruling request has not been marked with its country of origin. Therefore, if imported as is, the slipper does 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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