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December 2, 1998

CLA-2-64:K:TC:A3:D23 D84533

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.3560

Ms.Sima Gordon
Superb Custom Broker, Inc.
149-10 183rd Street
Jamaica, NY 11413

RE: The tariff classification of a shoe from Italy.

Dear Ms. Gordon:

In your undated letter, received by the Customs Information Exchange on November 19, 1998, your company requested a tariff classification ruling on behalf of your client, Donna Magli America, Inc.

You included a sample designated style number 37910014. The shoe is a woman’s pump that has an outer sole of rubber/plastics and an upper of textile materials. The shoe will be imported from Italy.

We note that the enclosed sample is not marked with the country of origin. Therefore, if imported as is, the shoe will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the shoe would not be considered legally marked under the provisions of 19 C.F.R. 134.11.

The applicable subheading for the shoe will be 6404.19.3560, Harmonized Tariff Schedule of the United States, which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials; footwear with outer soles of rubber or plastics; other; footwear with open toes or open heels; footwear of the slip-on type, that is held to the foot without the use of laces or buckles or other fasteners, the foregoing except footwear of subheading 6404.19.20 and except footwear having a foxing or foxing-like band wholly or almost wholly of rubber or plastics applied or molded at the sole and overlapping the upper; other; other; for women. The duty rate will be 37.5% ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John J. Martuge

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