The tariff classification of footwear from China

N156935 April 22, 2011 CLA-2-64:OT:RR:NC:N4:447 CATEGORY: Classification TARIFF NO.: 6405.20.9015 Ms. Lorianne Aldinger Rite Aid 30 Hunter Lane Camp Hill, PA 17011 RE: The tariff classification of footwear from China Dear Ms. Aldinger: In your letter dated March 23, 2011 you requested a tariff classification ruling. The submitted sample identified as item #9014873, is a pair of children’s closed toe/heel slippers with a 95% polyester textile material upper. Sewn to the top and front of each slipper is the head and arms of a monkey (also textile), described by you as “The Sock Monkey.” The predominately textile material outer sole features rubber/plastic traction dots which measure approximately 1mm in circumference and are widely interspersed on its surface. The applicable subheading for item #9014873 will be 6405.20.9015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other footwear with uppers of textile materials: other: house slippers. The 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 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 Stacey Kalkines at (646) 733-3042. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division