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June 9, 1999

CLA-2-64:RR:NC:TA:347 E82630

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.35

Mr. Paul Laker
Joubertina, Inc.
3350 Shelby St., Suite 200
Ontario, CA 91764

RE: The tariff classification of footwear from South Africa

Dear Mr. Laker:

In your letter dated May 27, 1999 you requested a tariff classification ruling.

The submitted three samples, identified as “Orca Adventure Sandals”, are all open-heel and/or open-toe sandals with predominately textile uppers and molded, rubber/plastic, deep treaded traction outer soles suitable , as you state, for hiking. The three samples are also identified by you as articles “ATF Alpha Closed Toe, “ATF Beta Open Toe” and “Zenith Alpha Closed Toe.” The vamp portions for all three sandals consist of several 1-inch wide adjustable textile straps across the toes and the instep, while the rear, open-heel upper quarters consist of stitched together textile and plastic external surface materials, with plastic quick release clips and “ladder lock” closures.

We note that the submitted samples are not marked with the country of origin. Therefore, if imported as is, these sandals will not meet the country of origin marking requirements of 19 USC 1304. Accordingly, these sandals 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 container) will permit.”

The applicable subheading for all three of the “Orca Adventure Sandals”, as described above, will be 6404.19.35, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface is predominately textile materials; in which the outer sole’s external surface is predominately rubber and/or plastics; which is not “athletic” footwear; which is not designed to be a protection against water, oil, or cold or inclement weather; which has open toes or open heels; and which is 10% or more by weight of rubber and/or plastics.. The rate of duty will be 37.5% 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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