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NY B82724

March 4, 1997



TARIFF NO.: 6406.99.30

Andrew S. Harris, Branch Manager
Nissin Customs Service, Inc.
172-47 Baisley Boulevard
Jamaica, New York 11434

RE: The tariff classification of footwear from China

Dear Mr. Harris:

In your undated letter received in this office on March 3, 1997, you requested a tariff classification ruling on behalf of your client, Meramec International.

The sample provided is of a product called Cushioning Heel Cups. They consist of a pair of rubber or plastic articles designed to fit inside the heel area of a shoe to cup and support the heel, and to provide additional shock absorbing beneath the heel of the foot.

The applicable subheading for the articles will be 6406.99.30, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of footwear...including heel cushions and similar articles; other than uppers or outer soles; of other than wood; of rubber or plastics. The rate of duty will be 5.3%, ad valorem.

The submitted sample is not marked with the country of origin. If imported as is, this footwear will not meet the country of origin marking requirements of 19 U.S.C. 1304, and will therefore 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."

It is also noted that the sample provided bears a trademark which has been registered with Customs. In order to obtain release from Customs after importation, the importer should obtain the permission of the trademark owner to import these goods.

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.


Lewellyn Robison
Port Director

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