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NY 853191


June 12 1990

CLA-2-64:S:N:N3D:347 M 853191

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.99.6070

Mr. John A. Slagle
Wolf D. Barth Co. Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of two one half pairs of men's casual shoes from China.

Dear Mr. Slagle:

In your letter dated May 31, l990, on behalf of your client Blair Corporation, you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #R-3599-71 - a man's below the ankle casual shoe. The shoe has a pigskin leather upper, full leather lining, a four eyelet lace closure, a foam padded insole, and a cemented-on, EVA outersole.

Style #R-3599-36 - a man's below the ankle casual shoe. The shoe is of the slip-on type, which has a pigskin leather upper, full leather lining, a foam padded insole, and a cemented-on EVA outersole.

We note that Style #R-3599-36, is not marked with the country of origin. Therefore, if imported as is, the subject shoe will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the shoe 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".

We are returning your samples as you requested.

The applicable subheading for the two shoe styles described above will be 6403.99.6070, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's external surface is predominately pigskin leather; in which the outer sole's external surface is predominately rubber and/or plastics; which is other than "sport's footwear"; in which the top of the upper is below the top of the wearer's ankle bone; in which the sole is attached to the upper by a means other than welt stitched construction; and which is larger than children's (American) size 11 is and only worn by males. The duty rate will be 8.5 percent ad valorem.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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