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NY N019517

November 27, 2007



TARIFF NO.: 6404.11.9020

Ms. Heather Litman
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 707 Wilshire Blvd., 41st Floor
Los Angeles, CA 90017

RE: The tariff classification of footwear from China

Dear Ms. Litman:

In your letter dated November 6, 2007, you requested a tariff classification ruling on behalf of Alpinestars, S.p.A., for a shoe identified as “Pit Shoe” Style No. 265107. The submitted sample is a below-the-ankle, lace-up “athletic” shoe with an outer sole of rubber/plastics and an upper of textile material and rubber/plastics. You state that the textile material predominates by external surface area. You have provided a value over $12/pair.

The applicable subheading for the shoe identified as “Pit Shoe” Style No. 265107 will be 6404.11.9020, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for footwear with outer soles of rubber/plastics and uppers of textile materials: tennis shoes, basketball shoes, gym shoes, training shoes and the like: other: valued over $12/pair, other. The general rate of duty will be 20 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 has a label printed on the inside of the tongue indicating US, UK and EUR sizing at the top of the tongue with the country of origin marking “Made in China” further down towards the middle of the tongue. It is the opinion of this office that the country of origin marking is not conspicuous. Therefore, if imported as is, the footwear 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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