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NY L88817

November 21, 2005

CLA-2-64:RR:NC:247: L88817


TARIFF NO.: 6403.51.90

Ms. Zheng Lu
ShooFoo, Inc.
3607 Kings Way, SE
Olympia, WA 98501

RE: The tariff classification of footwear from China

Dear Ms. Lu:

In your letter dated November 7, 2005, you requested a tariff classification ruling for a leather shoe. The sample, which you describe as a baby shoe has, you state, an outer sole and upper of leather. The shoe covers the ankle.

The applicable subheading for the shoe will be 6403.51.90 Harmonized Tariff Schedule of the United States, (HTS), which provides for footwear with outer soles and uppers of leather, other, covering the ankle, for other persons. The general rate of duty will be 10 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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