The tariff classification of footwear from China

N004311 December 18, 2006 CLA-2-64:RR:SP:247 CATEGORY: Classification TARIFF NO.: 6405.20.90 Mr. John F. McManus Itochu International, Inc. Customs Department 335 Madison Avenue New York, NY 10017 RE: The tariff classification of footwear from China Dear Mr. McManus: In your letter dated December 7, 2006, you requested a tariff classification ruling for two footwear samples, identified as style YT008 and YT009.       The submitted samples are described as disposable slippers for use by airline passengers. The outer sole and upper are made of 100% polypropylene non-woven fabric. The two styles are identical except for the weight of the upper materials. The applicable subheading for style YT008 and YT009 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 general 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 samples are not marked with the country of origin. Therefore, if imported as is, 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