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NY C86811




May 1, 1998

CLA-2-64:RR:NC:347 C86811

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.70,

Ms. Martha Flaten
C. H. Robinson International, Inc.
1640 Phoenix Boulevard
Suite 260
College Park, GA 30349-1563

RE: The tariff classification of footwear from India.

Dear Mr. Flaten:

In your letter dated April 19, 1998 you requested a classification ruling on behalf of your client, Atwood Richards, for what you describe as a men's tennis shoe.

The item which you identify as sample # 1010 is an athletic type shoe with an outer sole and upper of rubber or plastics. The molded sole overlaps the upper by over 1/4 inch around the entire perimeter of the shoe, in this regard the shoe has a foxing like band. You indicate that the value for this item is U.S. $6.25/pair

The applicable subheading for sample #1010 will be 6402.99.70, Harmonized Tariff Schedule of the United States, (HTS) which provides for footwear with outer soles and uppers of rubber or plastics, not covering the ankle, other, valued over $3 but not over $6.50/pair. The rate of duty will be 90 cents per pair plus 37.5 percent ad valorem.

The submitted sample is not marked with the country of origin. Therefore, if imported as is, will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the footwear would 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, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article."

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

A copy of this ruling letter or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist, Richard Foley at (212) 466-5890.

Sincerely,

Robert Swierupski
Director,

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