HQ 086387: Slipper Part

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                       HQ 086387
                     April 25, 1990


CLA-2  CO:R:C:G  086387  JS

CATEGORY:  Classification

TARIFF NO.:  6115.92.2000

Ms. Audrey Mammato
Jam, Inc.
P.O. Box 414
Whitestone, NY 11357

RE:  Slipper Part

Dear Ms. Mammato:

     This is in reply to your letters of December 14, 1989 and
December 28, 1989, requesting classification of a women's terry
cloth slipper part under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA).  Two samples were provided for
inspection.

FACTS:

     The items at issue are constructed of 100 percent terry
cloth cotton, cut and sewn to form slippers.  The slippers are
made to encompass the foot all around; the opening has an elastic
type edge which functions to hold the slipper securely onto the
foot.  One sample differs from the other in that it has an
applied sole of rubber.  You assert that the slipper sample
without an applied sole is imported from China as a part of a
house slipper, and that it becomes a complete slipper after the
sole is applied in the United States.

ISSUE:

     Whether the merchandise at issue, as imported, qualifies as
parts of footwear for classification under heading 6406, HTSUSA.

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order.  GRI 1 provides that the classification shall be
determined according to the terms of the headings and any
relevant section or chapter notes.




     The article is essentially the same as slippers imported for
use directly by consumers and is capable of such use in the
condition imported.  Accordingly, the slipper does not qualify as
parts of footwear under heading 6406, HTSUSA.

     In addition, Chapter Note 1(a) to chapter 6404, HTSUSA,
states that chapter 64 does not cover footwear without applied
soles, of textile material (Chapter 61 or 62).  Therefore, since
this merchandise is imported into the United States without an
applied sole, it is excluded from classification under Chapter
64, HTSUSA.

HOLDING:

     The merchandise at issue is classified under subheading
6115.92.2000, HTSUSA, which provides for pantyhose, tights,
stockings, socks and other hosiery, including stockings for
varicose veins, and footwear without applied soles, knitted or
crocheted, women's full-length or knee-length hosiery, measuring
per single yarn less than 67 decitex, other, of cotton, other,
textile category 332, and dutiable at a rate of 14.4 percent ad
valorem.

     The designated textile and apparel category may be
subdivided into parts.  If so, the visa and quota requirements
applicable to the subject merchandise may be affected.  Since
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 you check, close the time of shipment, the Status Report
on Current Import Quotas (Restraint Levels), an issuance of the
U.S. Customs Service which is updated weekly and is available
for inspection at your local Customs office.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.

                              Sincerely,



                              Jerry Laderberg
                              Acting Director
                              Commercial Rulings Division