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NY L82080

February 10, 2005

CLA-2-64:RR:NC:247: L82080


TARIFF NO.: 6404.19.35, 4202.92.4500

M. The Minh Chan
Samex Customs Services
758 S. Glasgow Avenue G/F
Inglewood, CA 90301

RE: The tariff classification of footwear and bag from China

Dear M. Minh Chan:

In your letter dated January 17, 2004, you requested a tariff classification ruling on behalf of Paul Frank Industries, Inc., for an open-heel slipper with an upper of 100 percent polyester and an outer sole of rubber or plastics. The slipper is sold in a clear vinyl snap-closure tote bag with two carrying handles.

The applicable subheading for the shoe will be 6404.19.35 Harmonized Tariff Schedule of the United States, (HTS), which provides for footwear with outer soles of rubber or plastics and uppers of textile material, other footwear with open toes or open heels. The general rate of duty will be 37.5 percent ad valorem.

The applicable subheading for the bag will be 4202.92.4500 (HTS), which provides for travel, sports and similar bags with outer surface of sheeting of plastic, other. The general rate of duty will be 20 percent ad valorem.

The submitted sample is not marked with the country of origin. Therefore, if imported as is, 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.


Robert B. Swierupski

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