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NY L81623

January 10, 2005

CLA-2-64:RR:NC:247: L81623


TARIFF NO.: 6402.99.18

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 16, 2004, you requested a tariff classification ruling on behalf of Payless ShoeSource Worldwide, for a rubber/plastics clog identified as “Airwalk Sling Clog” Lot No. 40515. The shoe is a molded plastic open heel clog with decorative ventilation openings along the vamp and a separate heel strap attached by two plastic rivets. You state that the shoe is “produced in one piece by molding”. However, the heel strap is a separate unit (as are the rivets) therefore the shoe is not “produced in one piece by molding” for classification purposes.

The applicable subheading for the “Airwalk Sling Clog” Lot No. 40515, will be 6402.99.18, Harmonized Tariff Schedule of the United States, which provides for footwear with outer soles and uppers of rubber/plastics, other, having uppers of which over 90 percent of the external surface area (including accessories or reinforcements) is rubber or plastics, not having a foxing or foxing-like band and not protective. The general rate of duty will be 6 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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