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NY H87891





February 15, 2002

CLA-2-64:RR:NC:TA:347 H87891

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.30

Ms. Judith L. Haggin
Sandler & Travis Trade Advisory Services, Inc. 1100 SW Sixth Ave. Suite 1212
Portland, OR 97204

RE: The tariff classification of footwear from Bangladesh

Dear Ms. Haggin:

In your letter dated January 31, 2002, on behalf of your client Loose Ends LLC, you requested a tariff classification ruling.

The submitted two half pair samples, identified as “Samples A and B” and which you call “Shuffles” are both open-toe, open-heel slip-on sandals that you state are designed to be worn indoors. Both sandals have uppers and outer soles/bottoms made of, as you state, sisal rope, which is a vegetable fiber. The Sample A sandal contains a cotton cloth lining on the underside of its X-shaped textile strap upper while the Sample B sandal consists solely of sisal vegetable fiber textile materials. The upper straps of Sample A are also edged by the cotton lining and the lining is stitched around to cover some of the upper’s external surfaces, but for this sandal it does not effect the classification. You also state that both sandals will be marketed and sold as unisex wear, commonly worn by both sexes.

The applicable subheading for both sandals, identified as “Sample A” and “Sample B” will be 6405.20.30, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the outer sole’s external surface is predominately other than rubber, plastics, 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 not included). The rate of duty will be 7.5% ad valorem.

We note that the submitted samples are not properly marked with the country of origin. Therefore, if imported as is, these sandals will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the sandals 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.”

We are returning the samples as you requested.

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,

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