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NY L84914

June 10, 2005

CLA-2-64:RR:NC:SP:247 L84914


TARIFF NO.: 6404.19.70

Ms. Karen Wilder
Gymboree Manufacturing, Inc.
500 Howard Street
San Francisco, CA 94105

RE: The tariff classification of footwear from China

Dear Ms. Wilder:

In your letter dated May 17, 2005 you requested a tariff classification ruling.

The submitted sample, identified as style name “Addie” and SKU# 140004069, is a girl’s shoe with a textile upper and a cemented-on, unit molded rubber/plastic outer sole. The upper does not cover the ankle and has an adjustable hook-and-loop strap closure across the instep. We note that the cemented-on unit molded rubber/plastic bottom/sole does overlap the upper by a measurable height of at least 1/16-inch or more, other than only at the toe or heel. You state in your letter that the shoe will be valued at over $3 but not over $6.50 per pair.

The applicable subheading for the shoe, identified as style name “Addie” and SKU# 140004069, will be 6404.19.70, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface is predominately textile materials; in which the outer soles external surface is predominately rubber and/or plastics; which is not “athletic footwear”; which does not have an open-toe or open-heel; which is not a slip-on; which has a sole that overlaps the upper other than at the toe or heel; and which is valued over $3.00 but not over $6.50 per pair. The rate of duty will be 90 cents per pair plus 37.5% ad valorem.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. We note that the sample shoe you have provided for this ruling request has not been marked with its country of origin. Therefore, if imported as is, this shoe does not meet the country of origin marking requirements of the marking statute and will be considered not legally marked.

We are returning the sample as you requested.

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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