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NY C87685





June 4, 1998

CLA-2-64:RR:NC:TP:347 C87685

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.11.80

Mr. J. Epstein
W.N. Epstein & Co., Inc.
P.O. Box 45187
St. Louis, MO 63145

RE: The tariff classification of a textile shoe from China.

Dear Mr. Epstein:

In your letter dated May 4, 1998, written on behalf of your client, Warson Group, Inc., you requested a tariff classification ruling.

You have submitted a sample of what you state is a man's "Converse All Star" high top safety shoe, which is made up of a textile upper, rubber outsole with a foxing band, and a steel toe cap. You state that it is valued at about $9.50 per pair. The shoe also features a lace-tie closure and a plastic logo on one side consisting of a star design with "Converse" written across the top, and "All Star" written below the star. In addition, the Converse trademark is registered with the U.S. Customs Service and authorization from the trademark holder to import these shoes may be required prior to release from Custom's custody.

We also note that the submitted sample is not marked with the country of origin. Therefore, if imported as is, the sample submitted will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the shoe 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 athletic shoe will be 6404.11.80, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the upper's external surface area is predominately textile materials, in which the external surface of the outer sole is predominately rubber and/or plastics, which is athletic footwear, which is valued over $6.50 but not over $12.00 per pair. The rate of duty will be 90 cents per pair plus 20 percent ad valorem.

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,

Robert B. Swierupski
Director,

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