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NY A88408



November 7, 1996

CLA-2-64:K:TC:C9:D23 A88408

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.99.9065

Ms. Laura Boyce
Classification Analyst
The Donna Karan Company
600 Gotham Parkway
Carlstadt, NJ 07072

RE: The tariff classification of a shoe from Spain.

Dear Ms. Boyce:

In your letter dated October 7, 1996 your company requested a tariff classification ruling.

You included a sample, designated style number 463020, and described it as a ladies Tech sandal with an exterior upper surface area of 71.9% leather and 28.1% textile overlay with a rubber outer sole. You included an independent laboratory report that provided these measurements. These measurements are subject to verification at time of Customs examination upon importation. The shoe will be imported from Spain. We note that the enclosed sample is not marked with the country of origin. Therefore, if imported as is, the sandal will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the sandal would not be considered legally marked under the provisions of 19 C.F.R. 134.11. The sample is being returned as requested.

The applicable subheading for the shoe will be 6403.99.9065, Harmonized Tariff Schedule of the United States, which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather; other footwear; other; other; other; for other persons; valued over $2.50/pair; other; other; for women; other. The duty rate will be 10% 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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