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NY K87137

June 28, 2004
CLA-2-64:RR:NC:247: K87137


TARIFF NO.: 6405.90.90

Mr. Steve Renfroe
May Department Stores International, Inc. 615 Olive Street
St. Louis, MO 63101

RE: The tariff classification of footwear from China

Dear Mr. Renfroe:

In your letter received June, 21, 2004, you requested a tariff classification ruling for a shoe identified as “Darlene.” The sample submitted is an open-toe, open-heel women’s high-heeled fashion shoe. The upper is composed of three textile forefoot straps and one leather heel strap. The three forefoot straps are completely obscured by rows of cylindrical glass beads.

The applicable subheading for the “Darlene” will be 6405.90.90, Harmonized Tariff Schedule of the United States (HTS) which provides for other footwear, other, other. The rate of duty will be 12.5 percent ad valorem.

The submitted sample is not marked with the country of origin. Therefore, if imported as is, will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the footwear 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, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article."

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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