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NY F85780

April 17, 2000

CLA-2-64:RR:NC:TA:347 F85780


TARIFF NO.: 6403.51.9075

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of footwear from Bulgaria

Dear Mr. Hoffacker:

In your letter dated April 7, 2000, on behalf of the Winterthur Museum, you requested a tariff classification ruling.

Your request does not provide an actual sample, but does provide a color photograph and a material/cost description form of a pair of “Lambskin baby shoes”, identified therein as “Style number 6361” and as Item #50. Based on the submitted information and on the additional facts stated during the follow-up telephone conversation with you regarding the composition of the outer sole, we are able to describe and classify this shoe as follows. The item is a pair of over the ankle height infant’s shoes with stitched together lambskin leather (skin side out) uppers, lamb wool linings and stitched on lambskin leather outer soles. The shoe also has a fold down lamb wool collar and a lace closure.

We note that there is no indication that this item is marked with the country of origin Bulgaria. Therefore, if imported as is, this shoe will not meet the country of origin marking requirements of 19 USC 1304. Accordingly, the shoes 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.”

The applicable subheading for this infant’s shoe, identified as “Style number 6361” and as “Item #50”, will be 6403.51.9075, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with uppers of leather and outer soles of leather, which is not “sports footwear”, which covers the ankle, which is not of welt construction, for other persons. The rate of duty will be 10% 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 212-637-7089.


Robert B. Swierupski

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