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NY M86377




September 27, 2006

CLA-2-64:RR:NC:SP:247 M86377

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.20.00 ; 6402.99.18

Ms. Nicole Trimble
Agra-Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, NY 11413

RE: The tariff classification of footwear from China

Dear Ms. Trimble:

In your letter dated September 7, 2006, on behalf of Weiner Products Inc., you requested a tariff classification ruling for two half pair samples of children’s slip-on, toe-thong sandals.

Style #GN928TG is a girl’s open-toe, open-heel “flip-flop” sandal. This slip-on sandal has a one-piece molded rubber/plastic upper consisting of “V“ shape configured straps with a toe thong, the ends of which penetrate and are secured by plugs into an EVA plastic sole of a uniform thickness of approximately 1-inch. We consider this toe-thong sandal to be classifiable as “zoris.”

Style #G4N817TG is a girl’s open-toe, open-heel sandal that has a non-molded rubber/plastic “V” configured strap upper with a separate plastic, toe-thong post piece that is attached to the upper straps by stitching. The plastic upper straps also have a covering layer of tiny plastic “glitter” sequins that completely cover the external upper surface. The ends of the upper straps and the toe-thong penetrate and are secured into a separate foam rubber/plastic padded insole imprinted to resemble “cork”. This slipper also has a molded EVA plastic wedge type platform outsole.

The applicable subheading for the sandal, identified as Style #GN928TG, will be 6402.20.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with outer soles and uppers of rubber or plastics, with upper straps or thongs assembled to the sole by means of plugs (zoris). The rate of duty will be Free.

The applicable subheading for the sandal, identified as Style #G4N817TG, will be 6402.99.18, HTSUS, which provides for footwear, in which the upper’s external surface area is over 90% rubber or plastics (including any accessories or reinforcements); in which the outer sole’s external surface is predominately rubber and/or plastics; which is not “sports footwear”; which does not have a foxing-like band; and which does not cover the ankle. The rate of duty will be 6% 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/.

We note that the submitted sandals are not marked with the country of origin. Therefore, if imported as is, the sandals will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the sandals will 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.”

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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