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NY L88231

November 15, 2005

CLA-2-64:RR:NC:247: L88231


TARIFF NO.: 6402.99.20

Mr. Brian Ryu
Pro Line Manufacturing Company
901 Murray Road
East Hanover, NJ 07936

RE: The tariff classification of footwear from China

Dear Mr. Ryu:

In your letter dated October 25, 2005, you requested a tariff classification ruling for an athletic styled waterproof “hiker” which you identify as style number BMSW5-074.

      The submitted sample has an outer sole of rubber/plastics and an upper of rubber/plastics and textile material. The shoe features a Gore-Tex liner and is waterproof. A visual examination of the upper indicates that the textile material accounts for more than 10 percent of the external surface area.

The applicable subheading for style BMSW5-074 will be 6402.99.20, Harmonized Tariff Schedule of the United States, (HTS), which provides for footwear with outer soles and uppers of rubber/plastics, other, not covering the ankle, footwear designed to be worn over, or in lieu of other footwear as a protection against water. The general rate of duty will be 37.5 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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