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NY J86282




July 3, 2003

CLA-2-64:RR:NC:TA:347 J86282

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.70

Ms. Rebecca Stracuzzi
Bruning International Corporation
8 Griffin Way
Chelsea, MA 02150

RE: The tariff classification of footwear from China

Dear Ms. Stracuzzi:

In your letter dated June 16, 2003, on behalf of OPS Sales Inc., you requested a tariff classification ruling.

The submitted half pair sample, identified as style “Cove 3366” is a closed-toe, closed-heel, slip-on casual shoe with a textile upper and a rubber/plastic sole. The shoe has a rubber/plastic foxing-like band that overlaps the upper at the sole by approximately ½-inch, all around the perimeter of the shoe. The shoe also has a woven, textile jute material sidewall wrap that has been cemented over the rubber/plastic foxing band. Because this shoe has a rubber/plastic foxing or foxing-like band, the classification you have suggested is not applicable. You have indicated in your letter that this shoe will be valued at over $3.00 but not over $6.50 per pair.

The applicable subheading for the shoe, identified as style “Cove 3366” will be 6404.19.70, 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 soles external surface is predominately rubber and/or plastics; which is not “athletic footwear”; which does not have an open-toe or open-heel; which is not designed to be a protection against water, oil, or cold or inclement weather; which has a foxing-like band of rubber 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 marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. We note that the sample shoe you have provided for this ruling request has not been marked with its country of origin. Therefore, if imported as is, this shoe does not meet the country of origin marking requirements of the marking statute and will be considered not legally marked.

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.

Sincerely,

Robert B. Swierupski
Director,

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