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NY L80741

November 12, 2004
CLA-2-64:RR:NC:247: L80741


TARIFF NO.: 6403.91.90

Ms. Irene Chan
T.H. Kelly International, Inc.
813 W. Arbor Vitae St., 2nd Floor
Inglewood, CA 90301

RE: The tariff classification of footwear from China

Dear Ms. Chan:

In your letter dated October 27, 2004, you requested a tariff classification ruling for three styles of women’s fashion boots. The submitted samples are identified as style B-7310, style B-7311 and style B-9025. The boots cover the ankle and have outer soles of rubber/plastics and uppers of suede, plastics material and man-made fur trimming. You state that the suede material comprises the constituent material comprising the greatest external surface area for the uppers.

The applicable subheading for Styles B-7310, B-7311 and B-9025 will be 6403.91.90, Harmonized Tariff Schedule of the United States, (HTS), which provides for footwear with outer soles of rubber or plastics and uppers of predominantly leather, other, covering the ankle, other, for other persons. The general rate of duty will be 10 percent ad valorem.

The submitted samples are 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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