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NY 899193




July 06, 1994

CLA-2-64:S:N:N8:347 899193

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.59.90, 6403.99.90

Chad Freund
27701 W 69th ST N
Mt. Hope, Kansas

RE: The tariff classification of footwear from Colombia.

Dear Mr. Freund:

In your letter dated June 10, 1994, you requested a tariff classification ruling.

The samples that you submitted, style numbers, 804, 40, 705, 706, 709, 715, 305, and 201, are women's slip-on shoes with leather uppers. All of them have leather soles, except style 201, which has a sole of rubber/plastic.

The applicable subheading for styles 804, 40, 705, 706, 709, 715, and 305 will be 6403.59.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather, not covering the ankle, other footwear with outer soles of leather. The duty rate will be 10 percent ad valorem.

The applicable subheading for style 201 will be 6403.99.90, HTS, which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather, not covering the ankle, other footwear, valued over $2.50 a pair. The duty rate will be 10 percent ad valorem.

Note that some of the samples are not marked with the country of origin legibly and in a conspicuous place. Therefore, if imported as is, the shoes will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the footwear would be considered not legally marked and should not be released into the commerce of the U.S.

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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