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NY N012502




June 20, 2007

CLA-2-64:RR:SP:247

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.20.6060

Ms. Jeanine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of footwear from China.

Dear Ms. Greener:

In your letter dated June 6, 2007, you requested a tariff classification ruling for a pair of women’s slippers identified as style # 020-3018.

The submitted sample is a women’s open heel slipper with an outer sole of leather and an upper composed of wool and shearling. You state, and our visual examination verifies, that wool accounts for the constituent material of the upper comprising the greatest external surface area. In this regard, the upper is predominantly textile material.

The applicable subheading for style # 020-3018 will be 6404.20.6060, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for footwear with outer soles of leather and uppers of textile material: other. The general rate of duty will be 37.5 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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