CLA-2-64:S:N:N3D:346 M 872992
Mr. Marty Langtry
Tower Group International, Inc.
5420 West 104th Street
Los Angeles, CA 90045
RE: The tariff classification of a slipper from Taiwan or China
Dear Mr. Langtry:
In your letter dated April 1, 1992, on behalf of your client
Stonewall Trading, you requested a classification ruling.
The submitted sample, your style #7126, is a woman's textile
slipper bootie that has an upper made of, you have stated, acrylic
textile. The bootie has a label with the "Honors" logo stitched at the
back of the heel of the upper, a polyester lining, and a foam padded
interlining. The slipper also has a separately applied bottom which,
you have also stated, is 100% cotton. The external surface of the sole
is partially covered with PVC traction diamond and trapezoid shaped
designs. The same PVC material has been used to apply the "Honors"
logo to the external surface of the sole.
We note that the item has a "soft" sole and that the areas with
the pvc designs are raised 1/32 inch or less relative to the uncoated
areas. You have furnished, with your request, a breakdown of the
percentage of the textile sole that is covered by the plastic designs.
Your figures indicate that 33% of the sole is covered by these
designs.
In accordance with the rulings of our Headquarters, the subject
bootie has a sole with an external surface predominately of textile
material.
We also note that you have stated in your letter that the subject
bootie should be classified under HTS #6405.20.9015. The suffix
number 15 is the stat breakout for "house slippers". In the same
letter, you stated that the slipper cannot be considered a "house
slipper" under HTS #6405.20.9015, as it does not meet the definition
according to Chapter 64, Statistical Note 1 (h). We see this as rather
contradictory. After examining the merchandise, we found that it does
meet the definition of "house slippers" under Chapter 64, Statistical
Note 1 (h), because it measures less than 1/16 of an inch thick in
fabric outersole material.
We further note that the sample is not marked with the country of
origin. Although this style is presumably a prototype sample for which
marking is not necessarily required, when commercial shipments are
imported, marking, indicating the country of origin, will be required.
If the booties have not been marked to indicate the country of origin,
they will not meet the requirements of 19 U.S.C. 1304. According to
that Section, the booties 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."
The applicable subheading for the slipper will be 6405.20.9015,
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 materials; 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% ad valorem.
This ruling is being issued under the provisions of Section l77 of
the Customs Regulations (l9 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