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NY B89315




September 15, 1997

CLA-2-64-NO:CO:FNIS D09

CATEGORY : Classification

TARIFF NO.: 6405.20.90

Bei F. Dong
Group Associates
15455 Conway Road, Suite 360
Chesterfield, MO 63017

RE: The tariff classification of two slippers from China

Dear Mr. Dong:

In your letter dated August 28, 1997, you requested a tariff classification ruling.

You submitted two samples labeled FD10007 and 7D96021. Sample FD10007 is a plush animal slipper with a rabbit head and Sample 7D96021 is a plush velvet material in the shape of a flower. Both have manmade textile uppers and soft soled textile soles with plastic traction dots spaced widely apart so the textile portion is mostly in contact with the ground.

We note that the submitted samples are not marked with the country of origin. Therefore if imported as is, the samples will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the shoes would not be considered 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."

Items classifiable under 6405.20.90 are not subject to quota or the requirement of a visa at the present time.

The applicable subheading for the above shoe will be 6405.20.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the sole's external surface is predominately other than rubber, plastic, leather or composition leather; in which the upper's external surface is predominately textile material; in which the upper, by weight, predominately consists of fiber other than vegetable fiber or wool; and which has a line of demarcation between the sole and the upper. The rate of duty will be 12.5 percent ad valorem.

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.

Sincerely,

Allen H. Paterson
Port Director

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