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NY N005756

February 7, 2007



TARIFF NO.: 6402.99.14 ; 6402.99.18

Mr. Andy McLeish
Inocraft Products, Inc.
12 Hickory Lane
Brooklyn, CT 06234-1554

RE: The tariff classification of footwear from China

Dear Mr. McLeish:

In your letter dated January 20, 2007 you requested a tariff classification ruling for three open-toe, open-heel slip-on sandals with rubber/plastic material uppers and rubber/plastic soles. The submitted half pair samples are identified as Sandal 1-Model # TPU2001, Sandal 2-Model # TPU2002 and Sandal 3-Model # TOP2101.

Sandal 1-Model # TPU2001 is a women’s sandal with a unit molded rubber/plastic material upper consisting of a flat, approximately 1-inch wide “U” configured strap with a toe-thong. The external surface area of the molded strap upper has an additional piece of rubber/plastic material overlay cemented-on at a central point over the toes and also a number of sewn on small flower shaped plastic sequins with beads. The sandal has a molded wedge-like plastic sole of non-uniform thickness that is more than 3/8 inch thicker than its thinnest point.

Sandal 2-Model # TPU2002 is women’s or unisex toe-thong sandal with a “U” configured upper comprised of two separate layers of flat, approximately 1½-inch wide rubber/plastic straps, one overlaying and cemented on top of the other and with ends secured into the sole by plugs. The sandal also has a molded rubber/plastic sole of non-uniform thickness, with a molded concave footbed that includes a heel bubble cushion.

Sandal 3-Model # TOP2101 is a women’s or unisex toe-thong sandal that is produced entirely in one piece by molding, as you state, of PVC plastics material.

The applicable subheading for the sandal identified as Sandal 3-Model # TOP2101 will be 6402.99.14, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear, with outer soles and uppers of rubber or plastics; which does not cover the ankle; which has an upper with an external surface area that measures over 90% rubber or plastics (including any accessories or reinforcements); which does not have a foxing-like band; which is not designed to be a protection against water, oil, or cold or inclement weather; and which is a sandal and/or similar footwear of plastics, produced in one piece by molding. The rate of duty will be 3% ad valorem.

The applicable subheading for the two sandals, identified as Sandal 1-Model # TPU2001 and Sandal 2-Model # TPU2002, will be 6402.99.18, HTSUS, which provides for footwear, in which both the upper's and outer sole's external surface is predominately rubber and/or plastics; which does not cover the ankle; in which the upper's external surface area measures over 90% rubber and/or plastics (including any accessories or reinforcements); which does not have a foxing-like band; and which is not designed to be a protection against water, oil, or cold or inclement weather. The rate of duty will be 6% 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 marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. We note that the footwear samples you have provided for this ruling request have not been marked with the country of origin. Therefore, if imported as is, the sandals do not meet the country of origin marking requirements of the marking statute and will be considered not legally marked.

We are returning the samples as you requested.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. On January 4, 2007, Presidential Proclamation 8097 containing these changes was published in the Federal Register. See 72 FR 453, Volume 72, No. 2. The proclaimed changes are effective for goods entered or withdrawn from warehouse for consumption on or after February 3, 2007. Once those changes are in effect, it is anticipated that your footwear sample identified as Sandal 3-Model # TOP2101, will be classified in 6402.99.27, HTSUS, and your footwear samples, Sandal 1-Model # TPU2001 and Sandal 2-Model # TPU2002, will be classified in 6402.99.31, HTSUS.

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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