CLA-2-64:RR:NC:247: L80370
Mr. Peter Woo
Yusen Global Logistics
19001 Harborgate Way
Torrance, CA 90501
RE: The tariff classification of slippers, bags and straps from China
Dear Mr. Woo:
In your letter dated October 22, 2004 you requested a tariff classification ruling for five items on behalf of Nature’s creation. You have provided a sample of a textile slipper, two plastic bags and two textile straps identified only as items 1–5.
Item 1 is house slipper with a textile sole and upper. You indicate that the printed fabric comprising the external surface of the upper is cotton. The applicable subheading for the slipper will be 6405.20.30, Harmonized Tariff Schedule of the United States (HTS), which provides for other footwear with uppers of textile materials, with uppers of vegetable fibers. The general rate of duty will be 7.5 percent ad valorem.
Item 2 is described as an elastic Velcro belt made of 100% nylon. You state that the item is part of the SPINE BELT and is being imported for assembling in the United States with the herb pack to make the finished SPINE BELT product. It is assumed that the item is a completed belt (with buckle). The applicable subheading for item 2 will be 6307.90.9889, HTS, which provides for other made up articles, other. The general rate of duty will be 6.4 percent ad valorem.
Item 3 is described as a Velcro hook and loop made of polyester. This item is also described as a part of the SPINE BELT and is being imported for assembly in the United States. If this item is not “made up” per Section XI, Note 7, HTS the applicable subheading will be 5806.10.2400, HTS, which provides for narrow woven fabrics, woven pile fabrics and chenille fabrics, of man-made fibers, fastener fabric tapes. The general rate of duty will be 7 percent ad valorem.
Items 4 and 5 are bags wholly made of poly vinyl chloride (PVC) sheeting. Each item is designed for repetitive use to contain personal effects. The applicable subheading for items 4 and 5 will be 4202.92.4500 HTS, which provides for travel, sports and similar bags, with outer surface of textile materials or of a sheeting of plastic, other. The general rate of duty will be 20 percent ad valorem.
The submitted samples are 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.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division