CLA-2-64:S:N:N3D:346 Y 852727
Ms. Lorraine Dugan
Associated Merchandising Corporation
1440 Broadway
New York, New York 10038
RE: The tariff classification of a woman's slipper from China.
Dear Ms. Dugan:
In your letter dated May 16, 1990, you requested a tariff
classification ruling.
The submitted sample, which you state is your style #TRG
25B, is a woman's textile slipper. The slipper has an upper of a
textile velour material and has a velour bow going across the
vamp, an elasticized top line, a foam plastic midsole filler, and
a two piece, stitched on pig suede outer sole.
You state that the slipper weighs 86 grams, of which, 55
grams is attributed to velour textile material, 11 grams is
attributed to rubber and plastic components and the remaining 20
grams is pig suede. We note, from this information, that more
than 50% of the total weight of the slipper is attributed to
textile, plastic and rubber components and over 10% of the total
weight is attributed to plastic and/or rubber components.
We note that the submitted sample is not marked with the
country of origin. Therefore, if imported as is, the slipper
submitted will not meet the country of origin marking
requirements of 19 U.S.C. 1304. Accordingly, the slipper 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 sample as you requested.
The applicable subheading for this slipper will be
6404.20.6060, Harmonized Tariff Schedule of the United States
(HTS), which provides for footwear, in which the upper's external
surface is predominately textile materials; in which the outer
sole's external surface is predominately leather or composition
leather; and which is, by weight, over 50% as a total of textile
materials, rubber and plastics, and over 10% by weight of rubber
and/or plastics. The rate of duty will be 37.5% ad valorem.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport