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NY D82219




September 29, 1998

CLA-2-64:RR:NC:TA:347 D82219

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.99.60

Mr. Louis P. Vizza
Blair Corporation
220 Hickory Street
Warren, PA 16366-0001

RE: The tariff classification of footwear from China

Dear Mr. Vizza:

In your letter dated August 18, 1998, but received by us on September 15, 1998, you requested a tariff classification ruling.

The sample submitted is a half pair slip-on men's dress moccasin type shoe, your style "Blair product #8609". This shoe has an all leather upper, a rubber heel and an outer sole comprised of both leather and rubber material sections, with rubber being the constituent material having the greatest external surface area in contact with the ground.

The submitted sample is not marked with the country of origin. The shoe should be marked in a conspicuous place, such as the heel seat, "Made in China". Therefore, if imported as is, it will not meet the country of origin marking requirements of 19 USC 1304. Accordingly, the shoe will be considered not legally marked under the provisions of 19 CFR 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."

We are returning the sample, as you requested.

The applicable subheading for this shoe will be 6403.99.60, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, other than "sports footwear", with leather uppers and outer soles of rubber or plastics or composition leather, not covering the ankle, for men, youths and boys. The rate of duty will be 8.5% 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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