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NY J89575

October 17, 2003

CLA-2-64:RR:NC:SP:247 J89575


TARIFF NO.: 6403.59.90

Mr. Peter D. Alberdi
A. J. Arango, Inc.
1516 E. 8th Avenue
Tampa, FL 33605

RE: The tariff classification of footwear from Brazil

Dear Mr. Alberdi:

In your letter received October 2, 2003 on behalf of your client Grace Grant, you requested a tariff classification ruling.

You have submitted three half pair samples of open-toe, open-heel sandals with leather uppers and leather outer soles, two with adjustable heel straps with metal side buckles and one a slip-on with a leather toe thong and V-straps. You state in your letter that the leather sandals marked #8 and #43 are for women and we have discussed with you by telephone that the sandal marked #41 is a “man’s” sandal that will be commonly worn by both sexes.

The applicable subheading for all three sandals that are described above and identified only as marked “#8, #43 and #41”, will be 6403.59.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with leather uppers and leather soles, not covering the ankle, for other persons. The rate of duty will be 10% 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 sandals you have provided for this ruling request have not been marked with the country of origin ‘Made in Brazil’. Therefore, if imported as is, the sandals do 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.


Robert B. Swierupski

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