CLA-2-64:RR:NC:TP:347 B80524
Mr. Kevin Maher
C-Air Custom House Brokers
153-66 Rockaway Boulevard
Jamaica, New York, 11434
RE: The tariff classification of plastic sandals and a textile bag from China
Dear Mr. Maher:
In your letter dated December 20, 1996, written on behalf of Valentine USA, you
requested a tariff classification ruling.
The submitted sample, style #AZI-2673, is a thong style, open toe, open heel sandal
which you state is made of 100% plastic. The one-piece Y-strap upper is distinct from the sole,
the ends of which penetrate and are secured by means of plugs into a sole of even thickness.
There is no lining on the inner surface of the upper or on the sole.
You have also submitted a bag made of 100% nylon mesh with a draw string closure at
one end. The bag measures 13 1/2 inches in length and 6 3/4 inches in width. We would
consider this a nylon "stuff" bag, which is an article designed to contain personal effects during
travel. It is not specifically shaped nor fitted for any particular item.
The applicable subheading for the shoes will be 6402.20.00, Harmonized Tariff Schedule
of the United States (HTS), which provides for footwear with outer soles and uppers of rubber or
plastics with upper straps or thongs assembled to the sole by means of plugs (zoris). The rate of
duty will be 1.4% ad valorem.
The applicable subheading for the nylon mesh stuff bag will be 4202.92.3030,
Harmonized Tariff Schedule of the United States (HTS), which provides for articles such as
traveling bags, of textile materials, other. The rate of duty will be 19.3% ad valorem.
Item 4202.92.3030 falls within textile category designation 670. Based upon
international textile trade agreements, products of China are subject to quota and the
requirement of a visa.
The designated textile and apparel categories may be subdivided into parts. If so, visa
and quota requirements applicable to the subject merchandise may be affected. Part categories
are the result of international bilateral agreements which are subject to frequent renegotiations
and changes. To obtain the most current information available, we suggest that you check, close
to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an
internal issuance of the U.S. Customs Service, which is available for inspection at your local
Customs office
We also note that the submitted samples are not marked with the country of origin.
Therefore, if imported as is, the samples submitted will not meet the country of origin marking
requirements of 19 U.S.C. 1304. Accordingly, the shoes and bag 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."
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 212-466-5890.
Sincerely,
Paul K. Schwartz
Chief, Textiles & Apparel Branch
National Commodity
Specialist Division