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NY M85911





September 20, 2006

CLA-2-64:RR:NC:247: M85911

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.90

Mr. Ramnarayan S. Aiyer
Neville Peterson LLP
17 State Street – 19th Floor
New York, NY 10004

RE: The tariff classification of footwear from China.

Dear Mr. Aiyer:

In your letter dated August 22, 2006, you requested a tariff classification ruling on behalf of Totes-Isotoner Corporation for a textile slipper. You have submitted a sample of Totes style 207.

The submitted sample is a closed toe, closed heel, slipper with an outer sole of predominantly textile material and an upper of textile material.

The applicable subheading for style 207 will be 6405.20.90 Harmonized Tariff Schedule of the United States, (HTSUS), which provides for other footwear: with uppers of textile material: other. The rate of duty will be 12.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The submitted sample is 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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