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NY J87869




August 22, 2003

CLA-2-64:RR:NC:TA:347 J87869

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.20

Ms. Sandra Tovar
CST, Inc.
120 C Commerce Circle
Fayetteville, GA 30214

RE: The tariff classification of footwear from the Dominican Republic

Dear Ms. Tovar:

In your letter received by this office on August 5, 2003 on behalf of Margarita Trading, you requested a tariff classification ruling.

The submitted sample, which you have indicated to this office is to be identified as “Style A” is a 9 ½-inch high “winter boot,” designed to be protective against cold or inclement weather. The boot has a predominately textile material upper external surface area consisting of a 6 ½-inch foam padded nylon textile shaft portion that has been sewn onto a 2-inch high unit molded rubber/plastic foot portion. It also has a topline cinch lace closure with a plastic cord-stop, an instep cinch cord with stop to adjust for the fit of the boot on the foot, and a removable textile “felt” material bootie liner for warmth.

The applicable subheading for this cold weather boot, identified as “Style A” will be 6404.19.20, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface area is predominately textile materials (excluding accessories or reinforcements); in which the outer sole’s external surface is predominately rubber and/or plastics; which is not “athletic” footwear; and which is designed to be a protection against water, oil, or cold or inclement weather. The rate of duty will be 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 boot sample you have provided for this ruling request has not been marked with its country of origin. Therefore, if imported as is, this boot 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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