The tariff classification of footwear from China

NY L81317 January 3, 2005 CLA-2-64:RR:NC:247: L81317 CATEGORY: Classification TARIFF NO.: 6405.20.30 Mr. Charles D. Ashear ParisAsia, Ltd. 350 Fifth Avenue, Floor 70 New York, NY 10118 RE: The tariff classification of footwear from China Dear Mr. Ashear: In your letter dated December 16, 2004, you requested a tariff classification ruling for four ladies textile slippers. The samples, which you identify as style numbers CL6588, CL6591, CL6596 and CL12804 are constructed, as you state, of crocheted cotton uppers with separately attached sewn-on polyester padded outersoles. The soles feature printed PVC flowers. The applicable subheading for the slippers will be 6405.20.30 Harmonized Tariff Schedule of the United States, (HTS), which provides for other footwear, with uppers of textile materials, with uppers of vegetable fibers. The general rate of duty will be 7.5 percent ad valorem. The submitted samples are 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, National Commodity Specialist Division