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NY L81318

January 3, 2005

CLA-2-64:RR:NC:247: L81318


TARIFF NO.: 6402.20.00

Mr. Roger Crain
Customs Science Services, Inc.
11901 Reynolds Avenue
Potomac, MD 20854-3334

RE: The tariff classification of footwear from China.

Dear Mr. Crain:

In your letter dated December 14, 2004, you requested a tariff classification ruling for a rubber/plastics sandal identified as “Montego Bay Club Trudy Floral Thong” Lot No. 38562. You describe the sample as a woman’s thong sandal. The outer sole and upper are rubber or plastics. The upper is a V-shaped thong assembled to the sole by means of plugs. The upper features a plastic flower decorated with plastic sequins and decorative textile edging and attached to the upper by two stitches. The flower is a loosely attached appurtenance and not considered for external surface area measurements.

The applicable subheading for the sandal will be 6402.20.00, Harmonized Tariff Schedule of the United States, which provides for footwear with outer soles and uppers of rubber/plastics, other, footwear with uppers straps or thongs assembled to the sole by means of plugs (zoris). The general rate of duty will be free.

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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