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March 5, 1999

CLA-2-64:RR:NC:TP:347 D88189

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.60, 6404.19.80

Mr. Barry Campbell
Report
3650 131st Avenue, S.E., Suite 150
Bellevue, WA 98006-1334

RE: The tariff classification of textile shoes from China.

Dear Mr. Campbell:

In your letter dated February 8, 1999, you requested a tariff classification ruling.

You have submitted samples for two styles of shoes. You state that pattern #Y61107 is a children’s casual clog, with an upper made of wool felt and a rubber unit molded outer sole. The shoe has a closed toe and heel, and a velcro strap closure across the instep. This shoe features a raised counter, approximately 3/4 inches high covering the back of the wearer’s heel. Due to the design feature of this shoe, the wearer’s heel remains closed and we would classify this type of shoe as having a closed heel. You state that the outer sole overlaps the upper by approximately less than 3/16 of an inch but over 1/16 of an inch. The shoe is valued over $3.00 but not over $6.50 per pair. The applicable subheading for this shoe will be 6404.19.60, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the upper external surface is predominately textile materials, in which the outer sole’s external surface is predominately rubber and/or plastics, which is not “athletic” footwear, which is not designed to be a protection against water, oil, grease, or chemicals or cold or inclement weather, which has neither open toes nor open heels, which is held to the foot with the use of laces or buckles or other fasteners, footwear with soles which overlap the upper other than at the toe or heel, which is valued over $3.00 but not over $6.50 per pair. The rate of duty will be 90 cents per pair plus 37.5% ad valorem. You state that pattern #W85103 is a woman’s casual clog, with an upper made of synthetic felt textile and a TPR one piece molded rubber outer sole. The sample has a closed toe and heel, and a velcro strap closure across the instep. The shoe has a raised counter, approximately 3/4 inches high covering the back of the wearer’s heel. Due to the design feature of this shoe, the wearer’s heel remains closed and we would classify this type of shoe as having a closed heel. You state that the outer sole overlaps the upper by more than 1/4 of an inch. The shoe is valued at $7.00 per pair. The applicable subheading for this shoe will be 6404.19.80, HTS, which provides for footwear in which the upper external surface is predominately textile materials, in which the outer sole’s external surface is predominately rubber and/or plastics, which is not “athletic” footwear, which is not designed to be a protection against water, oil, grease, or chemicals or cold or inclement weather, which has neither open toes nor open heels, which is held to the foot with the use of laces or buckles or other fasteners, footwear with soles which overlap the upper other than at the toe or heel, 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% ad valorem.

We also note that the submitted samples are not marked permanently with the country of origin. The country of origin label which has been placed on the sole of each shoe is not permanent and can easily fall off. 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.”

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 212-637-7089.

Sincerely,

Robert B. Swierupski
Director,

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