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NY C82090



December 19, 1997

CLA-2-64:K:TC:A4:D23 C82090

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.19.7060

Ms. Laura Boyce
Classification Analyst
The Donna Karan Company
600 Gotham Parkway / 555
Carlstadt, NJ 07072

RE: The tariff classification of a shoe from China.

Dear Ms. Boyce:

In your letter dated December 2, 1997, your company requested a tariff classification.

You included a sample, designated style "KICK" A187055, which is described as a women's sneaker that is being advertised and sold as a soccer shoe with an outer sole of rubber and an upper of leather. You mentioned that this shoe style was excluded from pre-entry classification ruling PC B89997 because your company was unable to supply literature from the manufacturer about the shoe's function. You have provided that information now which indicates that the sample provided represents a fully functional soccer training shoe. The shoe will be imported from China. The sample is being returned as requested.

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 6403.19.7060, 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; sports footwear; other; for other persons; other; for women and misses; other. The duty rate will be 4% 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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