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NY L87353





August 25, 2005

CLA-2-64:RR:NC:247: L87353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.18

Mr. Seth Gambee
Manta Ray, Inc.
77-6360 Halawai Place
Kailua-Kona, HI 96740

RE: The tariff classification of footwear from China

Dear Mr. Gambee:

In your letter received on August 17, 2005 you requested a tariff classification ruling for a plastic sandal. You have provided a sample of an injection molded plastic sandal with an open-heel and multiple ventilation holes across the vamp. The sandal also has a separately attached ankle strap.

The applicable subheading for sandal will be 6402.99.18, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles and uppers of rubber or plastics, other, having uppers of which over 90 percent of the external surface area is rubber or plastics, not having a foxing or foxing-like band, not protective, other. The 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, it 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."

We also note that the sole of the shoe has “HAWAII USA” molded into it. 19 C.F.R. 134.46 provides for marking when name of country or locality other than country of origin appears. In any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning.

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.

Sincerely,

Robert B. Swierupski
Director,

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