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NY J89774




November 3, 2003

CLA-2-64: RR: NC: SP: 247 J89774

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.90; 4202.92.3031

Ms. Stephanie De Silva
Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10020

RE: The tariff classification of footwear, travel bag and eyemask from China.

Dear Ms. De Silva:

In your letter dated October 15, 2003, you requested a tariff classification ruling.

The submitted sample identified as “Lavender Relaxation Set,” reference number PP#268530, consist of a pair of women’s slippers, a matching textile travel bag and eyemask. The closed-toe, open-heel indoor house slippers have textile material uppers that feature three embroidered textile flowers over the middle of the vamp. The slippers also have textile faced; padded insoles and outsoles of textile material that are covered with an evenly spaced pattern of rounded rubber/plastic dots. The protruding dots are approximately 2mm in diameter and spaced approximately 2mm apart.

Note 4 (b), Chapter 64, Harmonized Tariff Schedule of the United States (HTSUS), states that the constituent material of the outer sole shall be taken to be the material having the greatest surface area in contact with the ground, no account being taken of accessories or reinforcements such as spikes, bars, nails, protectors or similar attachments. The Explanatory Notes to Chapter 64 HTS, offer the term “when in use” to the external surface area of the outer sole determination. Our visual examination of the slippers indicates that the constituent material of the outsoles having the greatest external surface area in contact with the ground is textile.

The travel bag is manufactured from a man-made textile material (poly-satin) and measures approximately 14 ½- inches in length by 11 inches in width. The bag also has a drawstring closure and is decorated with three embroidered textile flowers that are located in the center of the bag.

The eyemask is manufactured from a man-made textile material (poly-satin) and measures approximately 10 inches in length by 4 inches in width. The eyemask is also decorated with three embroidered textile flowers located in the middle of the eyemask and has a ¾-inch wide adjustable elastic headband strap with a hook and loop closure. You state that the eyemask is filled with flax seed and lavender botanicals and will be gamma treated. You also indicate that you are currently contemplating on importing the matching slippers, bag and eyemask as a “set” from China.

In order to qualify as a set, the components of the set must meet all of the following criteria as defined in the Explanatory Note X (b) to GRI 3(b):

For the purposes of this Rule, the term “goods put up in sets for retail sale” shall be taken to mean goods which:

(a) consist of at least two articles which are, prima facie, classifiable in different headings....

(b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and

(c) are put up in a manner suitable for sale directly to users without repacking (e.g., in boxes or cases or on boards).

In this case, the second criteria is not met since the slippers, bag and eyemask are used for different activities. Therefore, the submitted sample identified, as “Lavender Relaxation Set” is not classifiable as a set for tariff purposes.

* The applicable subheading for the slippers, 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, plastics, leather or composition leather, in which the upper’s external surface is predominately textile materials, in which the upper, by weight, predominately consists of fibers other than vegetable fibers or wool, and which has a line of demarcation between the sole and the upper. The rate of duty will be 12.5% ad valorem.

** The applicable subheading for the drawstring travel bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surfaces of textile materials, other, of man made fibers, other. The rate of duty will be 17.8 % ad valorem.

Articles classified under 4202.92.3031 (HTS) fall within textile category designation 670. Based upon international textile trade agreements products of China are not currently subject to quota and the requirement of a visa.

*** Your inquiry does not provide enough information for us to give a classification ruling on the eyemask. Your request for a classification ruling should include a percentage breakdown, by weight, for all the component materials that are present in the eyemask and eyemask instructions for the user. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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, **National Import Specialist Kevin Gorman at 646-733-3041 or ***National Import Specialist Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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