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November 6, 1998

CLA-2-64:K:TC:A3:D23 D83621

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.6060

Ms. Delphine R. Mui
Sino Pacific Customs Brokerage
401 Broadway, Suite 501
NewYork, NY 10013

RE: The tariff classification of a woman’s shoe from China.

Dear Ms. Mui:

In your letter dated October 9, 1998, your company requested a tariff classification ruling on behalf of your client, New York Import & Export, Inc.

You included a sample, style number 36151, and described it as a lady’s platform sneaker with an outer sole of rubber and, an upper of PVC. You provided supplemental information that the price is $2.70 per pair. The sneaker 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 sneaker will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the sneaker would not be considered legally marked under the provisions of 19 C.F.R. 134.11.

The applicable subheading for the shoe will be 6402.99.6060, Harmonized Tariff Schedule of the United States, which provides for other footwear with outer soles and uppers of rubber or plastics; other footwear; other; other; other; valued not over $3/pair; other; for women. The duty rate will be 48% ad valorem.

You inquire if there is a trademark/copyright on the brand, Snickers. For this information, we suggest that you contact directly the U.S. Copyright Office at (202) 707-3000, and the U.S. Patent and Trademark Office at (800) 786-9199. 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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