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NY G84986




December 15, 2000

CLA-2-64:LA:S:T:1:4:D27 G84986

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.70

Stephen Potter
Action Footwear
30100 Ahern Ave.
Union City, CA. 94587

RE: The tariff classification of two athletic shoes

Dear Mr. Potter:

In your letter dated December 6, 2000, on behalf of Action Footwear Inc., you requested a tariff classification ruling.

The submitted sample, marked with a tag as style 2065, is a low-top athletic style shoe with a plastic upper, an eyelet lace closure and a padded tongue. It also has a cemented- on rubber/plastic bottom. The molded bottom overlaps the upper by about ½ inch around the front as a toe bumper and continues to overlap the upper by at least ¼ inch on the entire perimeter of the shoe. We consider this shoe to have a foxing-like band.

The second sample is marked with a tag as style 2063 and is an athletic style shoe with a plastic upper, a two eyelet lace closure (although no lace was present), a padded tongue. The shoe is considered to have a closed heel as the heel ridge, measured from the top of the uncompressed insole to the top of the ridge is ¾” or more. The molded bottom overlaps the upper by about ½ inch around the front as a toe bumper and continues to overlap the upper by at least ¼” on the entire perimeter of the shoe. We consider this shoe to have a foxing-like band.

Since you have not provided a value for these shoes, we will presume, for the purpose of this ruling, that they are not valued over $6.50 per pair

The applicable subheading for both shoes described above and identified as style 2063 and 2065, will be 6402.99.70, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's external surface is predominately rubber and/or plastics; in which the outer sole's external surface is predominately rubber and/or plastics; which is other than "sports footwear"; in which the top of the upper is below the top of the ankle bone; which is not designed to be a protection against water, oil or cold or inclement weather; which has a foxing-like band of rubber and/or plastics; and which is valued, we presume, 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. The submitted samples, style #2063 and #2065, is closed toe and open heel slipper. The upper is 100% cotton chenille while the outer sole is of rubber.

The submitted samples are not marked with the country of origin. Therefore, if imported as is, they will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the footwear 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, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article."

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter or the control number indicated above should be provided with 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,

Vera Adams
Port Director

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