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NY B84030




April 14, 1997

CLA-2-64:FO:CM:NP:POR:CO:D24:B84030

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.99.60/6403.99.90

Louis P. Vizza
Menswear Division
Blair Corporation
220 Hickory Street
Warren, PA 16366-0001

RE: The tariff classification of footwear from China

Dear Mr. Vizza:

In your letter dated April 3, 1997 you requested a tariff classification ruling.

The sample provided, described as Blair product #4133, is of a below-ankle, lace closed shoe with cowhide leather uppers and rubber lug soles. The article would be subject to unisex considerations, with men's sizes 8 and below classified 6403.99.90 and men's sizes above 8 classified 6403.99.60, 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; other than sports footwear, footwear with outer soles of leather, footwear made on a base of wood, footwear incorporating a protective toe-cap, footwear covering the ankle, or welt footwear. The rate of duty for men's sizes (6403.99.60) will be 8.5%, ad valorem; the rate of duty for women's sizes (6403.99.90) will be 10%, ad valorem.

The submitted sample is not marked with the country of origin. If imported as is, this footwear will not meet the country of origin marking requirements of 19 U.S.C. 1304, and will therefore be considered not 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."

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,

Lewellyn Robison
Port Director

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