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April 5, 1999

CLA-2-64:RR:NC:TA:347 D89278

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.59.90

Mr. Charles G.Hartill
Charles G. Hartill, LCHB
Capital Transportation
147-217, 175 Street
Jamaica, NY 11434

RE: The tariff classification of footwear from Thailand

Dear Mr. Hartill:

In your letter dated March 12, 1999, on behalf of Ballet Makers, Inc., you requested a tariff classification ruling.

The submitted half pair sample, you state, is a dance shoe, “Style 200 Teknik”. It has a leather upper, leather sole and is of a below-the-ankle height, with an adjustable cinch topline lace tie. This dance slipper is of a unisex style that will be commonly worn by both men and women. You indicate that this item will be valued at $4.05 per pair.

The submitted 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 USC 1304. Accordingly, the shoe will be considered not legally marked under the provisions of 19 CFR 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 its container) will permit.”

The applicable subheading for the dance shoe, Style 200 Teknik, will be 6403.59.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with uppers and outer soles of leather, not covering the ankle, which is not “sports footwear”, and which is for women, misses, children, or of a type commonly worn by both sexes. The rate of duty will be 10% ad valorem.

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. If you have any questions regarding the ruling, contact National Import Specialist Richard Foley at 212-637-7089.

Sincerely,

Robert B. Swierupski
Director,

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