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NY D80202




July 24, 1998

CLA-2-64:FO:NP:POR:CO:D24 D80202

CATEGORY: CLASSIFICATION

TARIFF NO.: 6401.99.30

Kathy O'Connor
W.J. Norris, Inc.
80 King Spring Road
P.O. Box 3426
Windsor Locks, CT 06096

RE: The tariff classification of footwear from Cyprus

Dear Ms. O'Connor:

In your letter dated July 7, 1998, you requested a tariff classification ruling on behalf of your client, Olsson Collection UO., Inc.

The sample provided is a molded plastic clog with a removable insole, below the ankle in height, and of a slip-on type.

The applicable subheading for the clogs will be 6401.99.30, Harmonized Tariff Schedule of the United States (HTS), which provides for waterproof footwear with soles and uppers of rubber or plastics, not assembled by stitching, riveting, nailing, screwing, or plugging; other than with a protective metal toe-cap; other than footwear covering the knee or footwear covering the ankle but not covering the knee; footwear designed to be worn in lieu of other footwear as a protection against water or inclement weather; footwear designed for use without closures. The rate of duty will be 25%.

The submitted sample is marked with the country of origin in the inside of the clog in the heel area, beneath the removable insole. As the removable insole completely hides the marking, 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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