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NY A86563



September 5, 1996

CLA-2-64:K:TC:C9:D23 A86563

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.9060

Mr. Anthony Fondacaro
T.H. Weiss, Inc.
2 Johnson Road
Lawrence, NY 11559

RE: The tariff classification of a shoe from France.

Dear Mr. Fondacaro:

In your letter dated August 12, 1996 your company requested a tariff classification ruling on behalf of your client, Charles Jourdan.

You included a sample, no style number designated, which is a woman's that has an outer sole and upper of rubber/plastics. The shoe is priced over $12 per pair and w ill be imported from France.

We note that the enclosed sample is not marked with the country of origin. Therefore, if imported as is, the shoe will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the shoe would not be considered legally marked under the provisions of 19 C.F.R. 134.11.

The applicable subheading for the shoe will be 6402.99.9060, Harmonized Tariff Schedule of the United States, which provides for other footwear with outer soles and uppers of rubber or plastics; other footwear; other; other; other; valued over $12/pair; for women. The duty rate will be 20% ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations.

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,

Thomas Mattina

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