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NY D88631




March 22, 1999

CLA-2-64:K:TC:A3:D23 D88631

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.1865

Mr. Michael R. Spano
Michael R. Spano & Co., Inc.
190 McKee Street
Floral Park, NY 11001

RE: The tariff classification of two shoes from China.

Dear Mr. Spano:

In your letter dated February 24, 1999, your company requested a tariff classification ruling on behalf of your client, Candies, Inc.

You included two samples designated style numbers TB 625 and TB 733. The two shoes are womens shoes with outer soles and uppers of rubber/plastics. The shoes will be imported from China.

We note that style TB 625 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 styles TB 625 and TB 733 will be 6402.99.1865, Harmonized Tariff Schedule of the United States, which provides for other footwear with outer soles and uppers of rubber or plastics; other footwear; other; 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 footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear 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); other; other; other; 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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