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NY A88949




November 20, 1996

CLA-2-64-NO:CO:FNIS D09

CATEGORY : Classification

TARIFF NO.: 6403.91.60 and 6403.91.30

Arturo E. Dominguez, CHB
Adco I.T.S., Inc.
902 Market Street
Larado, Texas 78040

RE: The tariff classification of four men's shoes from Mexico

Dear Mr. Dominguez:

In your letter dated October 29, 1996, you requested a tariff classification ruling on behalf of your client, Ten Pac Inc.

Your submitted four samples. All four shoes are men's shoes which cover the ankle and have external surface areas of the upper of leather and rubber soles. Styles 2066 and 8000(5060) and 6000(2477310) are lace up while Style No. 4066 is a pull-on boot. You state Style 2066 has a vulcawelt construction and Style 5060 has a vulcanized construction. You state Styles 6000(2473310) and 8000(5060) have Goodyear welt construction. For the purpose of this ruling, we will assume the Goodyear welt construction is within the meaning of U.S. Note 1 (a) of Chapter 64. This may be subject to verification at the port of entry at the time of importation.

We note that Styles No. 2066 and 4066 are not marked with the country of origin. Therefore if imported as is, the sample will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the shoes would not be considered 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."

The applicable subheading for Styles 2066 and 8000(5060) will be 6403.91.60, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the upper's external surface is predominately leather; in which the outer sole's external surface is predominately rubber, plastic or composition leather; which is other than "sports footwear"; which does not have a protective metal toe-cap; in which the top of the upper covers most 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 worn only by males. The general rate of duty will be 8.5 percent ad valorem.

The applicable subheading for Styles 6000(2473310) and 8000(5060) will be 6403.91.30, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the upper's external surface is predominately leather; in which the outer sole's external surface is predominately rubber, plastic or composition leather; which is other than "sports footwear"; which does not have a protective metal toe-cap; in which the top of the upper covers most of the wearer's ankle bone; in which the sole is attached to the upper by a means of welt stitched construction; and which is worn only by males. The general rate of duty will be 5 percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Garland J. Ruiz
Acting Port Director

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