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NY F82208




January 27, 2000

CLA-2-64:RR:NC:TA:347 F82208

CATEGORY: CLASSIFICATION

TARIFF NO. 6404.19.20

Mr. Tony Chiariello
Bright Star Footwear, Inc.
111 Howard Blvd., Suite 206
Mt. Arlington, NJ 07856

RE: The tariff classification of footwear made in China.

Dear Mr. Chiariello:

In your letter dated January 18, 2000 you requested a classification ruling. You have submitted a sample which you identify as sample no. R2180. The item is a hiker style shoe with an outer sole of rubber or plastics and an upper of textile material and leather. The shoe covers the ankle and features “Thinsulate” insulation. A visual examination of the upper indicates that textile is the constituent material having the greatest external surface area.

The applicable subheading for style R2180, will be 6404.19.20, (HTS) which provides for footwear with outer soles of rubber or plastics and uppers of textile material, footwear designed to be worn over, or in lieu of, other footwear as a protection against cold or inclement weather. The rate of duty will be 37.5 percent ad valorem.

The submitted sample is not marked with the country of origin. Therefore, if imported as is, will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the footwear would 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, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article."

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter 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 this ruling, contact National Import Specialist, Richard Foley at (212) 637-7089.

Sincerely,

Robert Swierupski
Director,

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