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NY N017766




October 15, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.9060

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

RE: The tariff classification of footwear from China

Dear Ms. Ramsey:

In your letter dated September 24, 2007 you requested a tariff classification ruling for textile slippers. You have submitted samples of four pairs described as Nordic Style Slip-On slippers, two pairs identified as 73035-Set/2 Snowflake Navy/Small and the other two pairs identified as 73043-Set/2 Snowflake Red/XL.

73035-Set/2 Snowflake Navy is described as a pair of scuff style slippers with open heels and a pair of bootie style slippers that enclose your entire foot and ankle. Both slipper pairs are intended for indoor use and have an outer sole of predominantly textile material, an insole said to be of thick “memory foam” and an upper of acrylic/polyester textile materials. The slippers are sized as “Small” and are for women or of types commonly worn by both sexes. We note that differences in sizes or colors will not effect the classification of these slippers.

73043-Set/2 Snowflake Red is described as a pair of scuff style slippers with open heels and a pair of bootie style slippers that enclose your entire foot and ankle. Both slipper pairs are intended for indoor use and have an outer sole of predominantly textile material, an insole said to be of thick “memory foam” and an upper of acrylic/polyester textile materials. The slippers are sized as “XLarge” and are for women or of types commonly worn by both sexes.

The applicable subheading for the slippers identified as 73035-Set/2 Snowflake Navy/Small and 73043-Set/2 Snowflake Red/XL will be 6405.20.9060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other footwearwith uppers of textile materialotherfor women. The rate of duty will be 12.5% 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 samples are not marked with the country of origin. Therefore, if imported as is, the footwear 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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