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NY L81662

January 10, 2005

CLA-2-64:RR:NC:247: L81662


TARIFF NO.: 6406.20.00

Mr. John Pellegrini
McGuire Woods
1345 Avenue of the Americas
New York, NY 10105-0106

RE: The tariff classification of sandals from China.

Dear Mr. Pellegrini:

In your letter dated January 3, 2005, you requested a tariff classification ruling on behalf of Great China Empire, Ltd., for an item that you refer to as a Style Nos. CS9053, CS9054 and CS9055. You state that the styles are identical but for size. You describe the item as an open-toe, open-heel, “flip-flop” sandal or zoris. The sandal has a textile flower attached by a single rivet at the juncture of the Y-shaped upper. The flower is a loosely attached appurtenance and therefore not included in external surface area measurements.

The applicable subheading for Style Nos. CS9053, CS9054 and CS9055, will be 6402.20.00, Harmonized Tariff Schedule of the United States, (HTS), which provides for footwear with outer soles and uppers of rubber or plastics, footwear with upper 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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