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NY I81119

May 1, 2002

CLA-2-64: RR: NC: TA: 347 I81119


TARIFF NO.: 6401.99.80

Mr. Joseph A. Startare
Jade International, Inc.
P.O.Box 469
Folcroft, PA 19032-0469

RE: The tariff classification of footwear from Belgium.

Dear Mr. Startare:

In your letter dated April 19, 2002, on behalf of your client World Fashion Concepts, Inc. you requested a tariff classification ruling for a pair of rubber clog footwear.

You have submitted a sample of what you identify as “GEVACLOG Footwear – Ref. #721214.” You state that the clog can be sterilized via steam-autoclaving and is intended for use in medical /electronics professions. The sample is a unit-molded closed-toe, open-heel, slip-on shoe with a rubber upper and outer sole.

The applicable subheading for the shoe will be 6401.99.80, (HTS) which provides for waterproof footwear with outer soles and uppers of rubber or plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes, other, having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements) is rubber or plastics, not having a foxing or foxing-like band. The rate of duty will be Free.

We also note that the submitted sample is not properly marked with the country of origin. Therefore, if imported as is, the submitted sample 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 646-733-3042.


Robert B. Swierupski

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