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NY E87996

October 26, 1999

CLA-2-64:RR:NC:TP:347 E87996


TARIFF NO.: 6404.20.40

Ms. Connie Lunsford
C.H. Robinson International, Inc.
1640 Phoenix Boulevard
Suite 260
College Park, GA 30349-5563

RE: The tariff classification of women’s textile shoes from China.

Dear Ms. Lunsford:

In your letter dated September 30, 1999, written on behalf of your client, Art Effects Footwear, you requested a tariff classification ruling.

You have submitted four samples of women’s slip-on shoes with open toes and open heels. You state the uppers of all four styles, “New Zina,” “New Zuni,” “New Zelda,” and “Pearl,” are made up of textile material, with soles made of leather or composition leather. You also state that the weight of the shoes is less than 10% rubber and plastics or not over 50% of textile materials, rubber and plastics. You state the shoes are valued over $2.50 per pair.

The applicable subheading for all four styles will be 6404.20.40, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the upper’s external surface is predominately textile materials, in which the outer sole’s external surface is predominately leather or composition leather, in which the shoe, by weight, is not over 50% as a total of textile, rubber and plastic materials, and which is valued over $2.50 per pair. The rate of duty will be 10% ad valorem.

We also note that the submitted samples are not marked with the country of origin. Therefore, if imported as is, the samples submitted will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the shoes and bag 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.


Robert B. Swierupski

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