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NY B82822





March 25, 1997

CLA-2-64:RR:NC:TA:346 B82822

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.3090

Mr. Kevin Maher
C-Air Customhouse Brokers Inc.
153-66 Rockaway Blvd.
Jamaica, NY 11434

RE: The tariff classification of footwear from China or Hong Kong.

Dear Mr. Maher:

In your letter dated March 6, 1997, on behalf of Bag Bazaar Ltd., you requested a tariff classification ruling.

The submitted sample is a pair of infant's bootie slippers, which you state, has a 100% cotton terry upper complete with rabbit ears, and a separately sewn-on soft textile outer sole that has rubber/plastic "dots" symmetrically spaced on its bottom external surface.

Based on our measurements, the rubber/plastic "dots" are about 1/32 inch thick, 1/16 inch in diameter and are spaced diagonally about 1/4 inch apart on center. Previous Headquarters rulings have held that soft outer soles of textile materials with rubber/plastic traction dots of this thickness and these spacing configurations will have more of the textile material than the rubber/plastic contacting the ground. The constituent material of the outer sole for this sample shoe is therefore considered to be textile.

The applicable subheading for this infant's bootie slipper will be 6405.20.3090, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the outer sole's external surface is not predominately rubber, plastic, leather or composition leather; in which the upper's external surface is predominately textile materials; in which there is a line of demarcation between the sole and the upper; and in which, the upper, by weight, predominately consists of vegetable fibers such as cotton or flax (linings, accessories and reinforcements not included). The rate of duty will be 7.5 percent ad valorem.

We note that only a pair of infant's slippers were submitted as samples, and that there was no "bag" included with this ruling request.

The submitted sample is not marked with the country of origin. Therefore, if imported as is, this infant's slipper will not meet the country of origin marking requirements of 19 USC 1304. Accordingly, this shoe will be considered not legally marked under the provisions of 19 CFR 134.11 which states "every article (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".

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 James Sheridan at 212-466-5889.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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