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NY M87265

November 1, 2006

CLA-2-64:RR:NC:247: M87265


TARIFF NO.: 6403.91.30

Ms. Sonya K. Linger
Rocky Brands Inc.
39 East Canal Street
Nelsonville, OH 45764

RE: The tariff classification of footwear from China

Dear Ms. Linger:

In your letter dated October 17, 2006 you requested a classification ruling for a boot identified as style G8053. The waterproof boot covers the ankle and has an outer sole of rubber or plastics and an upper of leather. The boot is constructed with a welt, which extends around the edge of the tread portion of the sole, and in which the welt and shoe upper are sewed to a lip on the surface of the insole and the outside of which is sewed to the welt.

The applicable subheading for style G8053 boot will be 6403.91.30, Harmonized Tariff Schedule of the United States, (HTS), which provides for footwear with outer soles of rubber or plastics and uppers of leather: other: covering the ankle: welt footwear. The rate of duty will be 5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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