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NY C81102



November 5, 1997

CLA-2-64:K:TC:A4:D23 C81102

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.91.4050

Mr. Raymond Naftali
Orly Shoe Corp.
350 Fifth Avenue
New York, NY 10118

RE: The tariff classification of a shoe from China.

Dear Mr. Naftali:

In your undated letter received by the Customs Information Exchange on October 22, 1997 your company requested a tariff classification ruling.

You included a sample, no style number designated. The shoe is a woman's boot with an outer sole and upper of rubber/plastics. The shoe will be imported from China.

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 6402.91.4050, Harmonized Tariff Schedule of the United States, which provides for other footwear with outer soles and uppers of rubber or plastics; other footwear; covering the ankle; having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics except (1) footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and (2) except footwear (other than footwear having uppers which from a point 3 cm above the top of the outer sole are entirely of non-molded construction formed by sewing the parts together and having exposed on the outer surface a substantial portion of functional stitching) designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather; for women; other. The duty rate will be 6% 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,

John J. Martuge

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