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NY 867085

Oct 3, 1991

CLA-2-64:S:N:N3D:346 SY 867085

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.70

Ms. Leonard Satz
Savant Customs Brokers
Suite 1068
11 Broadway
New York, New York 10004

RE: The tariff classification and marking of a woman's shoe from Hong Kong.

Dear Mr. Satz:

In your letter dated September 16, 1991, you requested, on behalf of your client Braha Industries, a classification ruling.

The submitted sample, style BR 2625, is a woman's over the ankle shoe of approximately 6 1/2 inches in height. You state that the shoe has a upper of PVC suede. We note that, under magnification, the suede like material which makes up the external surface of the upper has fibers. We consider the external surface of the upper to be of textile flocked material. The sole of the shoe is rubber and/or plastic. The shoe has a lace up closure and a hook and loop closure. The unit molded sole rises sharply near the upper to overlap it by about 1/8 inch all around the shoe. It creates the general appearance of a "storm welt".

Ms. Mary Ann Justiniano of your office has stated that the FOB price of the shoe is $4.50.

We note that the country of origin marking (which says "Made in China" and not Hong Kong as indicated in your letter) is located on a paper sticker which is in the heel seat of the shoe. The sticker is approximately 1/2 inch across and the letters are approximately 1/16 of an inch in height. We also note that the sticker is not easy to read in this location and is likely to come off if a potential purchaser tries it on. The provisions of 19 C.F.R. 134.11 state, "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". Customs Regulations 134.41(b) states, in part, "The ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain." The country of origin marking in the submitted sample meets none of these criteria. Therefore it is our opinion that if this shoe is imported with its present marking it will not be legally marked, and should not be released by Customs.

The applicable HTS subheading for style BR 2625 will be 6404.19.70, which provides for footwear, in which the upper's external surface is predominately of textile materials; which is other than athletic footwear; which is not designed to be a protection against water, oil, or cold or inclement weather; which is not a slip-on type nor has open toes or open heels; which is valued over $3.00, but not over $6.50 per pair; and in which the sole overlaps the upper more than at the toe and heel. The rate of duty will be 37.5% ad valorem plus $.90 per pair.

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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