CLA-2-64:OT:RR:NC:SP:247
Ms. Lyn Antunes
Norman Krieger, Inc.
921 West Artesia Blvd.
Rancho Dominguez, CA 90220
RE: The tariff classification of footwear from China
Dear Ms. Antunes:
In your letter dated January 5, 2009, on behalf of DVS Shoe Co., Inc., you requested a tariff classification ruling.
The two submitted half pair samples are closed-toe, closed heel house slippers which we presume, are both intended exclusively for indoor use. The slippers are identified as style# Men’s Francisco and style# Girls Francisco. Both slippers have woven textile material uppers with textile linings and textile material faced insoles. Both slippers also have approximately ¼-inch thick rubber/plastic outer soles to which a textile fabric material has been adhered to the outer surface. Visual examination indicates that for both these slippers, textile is the predominant material of the outer sole in contact with the ground.
The applicable subheading for the indoor slipper, style# Men’s Francisco, will be 6405.20.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other footwear, with uppers of textile materials, other, other…for men. The rate of duty will be 12.5% ad valorem. The applicable subheading for the indoor slipper, style# Girls Francisco, will be 6405.20.9060, HTSUS, which provides for other footwear, with uppers of textile materials, other, other…for 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
National Commodity Specialist Division