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NY H82463




June 26, 2001

CLA-2-64:D11:H82463

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.20.00

Mr. Ted Conlon
Four Star International
229 East Main Street
Suite 201
Milford, Massachusetts 01757

RE: Classification of footwear.

Dear Mr. Conlon:

In your recent letter you requested a tariff classification on a shoe to be produced in China. You also asked if the footwear were subject to quota or visa.

The sample submitted, item number 42000006H , has a one piece molded plastic upper (thong) which penetrates the sole and passes through the sole with plugs preventing the upper from pulling through. The outer sole is flat and has uniform thickness from side to side. The outer sole is produced from rubber and/or plastic. The sandal meets the definition of a zoris.

The footwear is not subject to visa or quota restraints.

The submitted sample is not marked with the country of origin. Therefore, if imported as is, the sandal will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the shoes 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.”

The applicable subheading for the sandal, item number 42000006H is 6402.20.00, Harmonized Tariff Schedule of the United States, HTS, which provides for other footwear with outer soles and uppers of rubber or plastics, which is other than “sports footwear”; which is footwear with upper straps or thongs assembled to the sole by means of plugs (zoris).

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.

If you have any questions pertaining to this ruling, please contact Field National Import Specialist Anthony Cataldo at 617-565-6126 or National Import Specialist Richard Foley at 212-637-7089.

Sincerely,

Nora E. Ehrlich
Port Director
Boston

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