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NY N020112

December 3, 2007



TARIFF NO.: 6404.19.9060

Mr. Mark Rave
Ariat International, Inc.
3242 Whipple Road
Union City, CA 94587

RE: The tariff classification of footwear from China

Dear Mr. Rave:

In your letter dated November 15, 2007, you requested a tariff classification ruling for a three footwear styles referred to as “Women’s Sport Equestrian Shoes.”

You have submitted samples identified as “Rockridge,” “Ashby” and “Grand Zip.” You have indicated that all three styles have outer soles of rubber/plastics and uppers of predominantly textile material. Style “Ashby” is a below-the-ankle, slip-on shoe with a foxing or foxing-like band. Style “Grand Zip” is a below-the-ankle shoe with a slide fastener. Style “Rockridge” covers the ankle and is secured by a slide fastener. You have not provided values for these styles. However, for the purposes of this ruling we assume that they are valued over $12/pair.

The applicable subheading for all three styles will be 6404.19.9060, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for footwear with outer soles of rubber/plastics and uppers of textile material: other: other: valued over $12/pair, for women. The general rate of duty will be 9 percent ad valorem.

The submitted sample of Style “Rockridge” 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."

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/.

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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