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NY L88178

October 19, 2005

CLA-2-64:RR:NC:247: L88178


TARIFF NO.: 6402.99.18

Ms. Emily Kayton
Biscotti, Inc.
5601 San Leandro Street, 3rd Floor
Oakland, CA 94621

RE: The tariff classification of footwear from China.

Dear Ms. Kayton:

In your letter dated October 14, 2005, you requested a tariff classification ruling for a sample identified as “Mermaid II”. The shoe is a girls open-toe, open-heel sandal with an outer sole and upper of rubber/plastics. The upper is decorated with transparent plastic disc ornamentation.

The applicable subheading for “Mermaid II” 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, not covering the ankle, other, having uppers of which over 90 percent of the external surface area including accessories or reinforcements is rubber or plastics, other. 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, 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."

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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