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NY F83659




March 6, 2000

CLA-2-64:RR:NC:TP:347 F83659

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.99.60, 6403.99.90

Ms. Michelle Chang
Kany Trading Inc.
15320 E. Valley Blvd.
Industry, CA 91746

RE: The tariff classification of leather athletic shoes from China.

Dear Ms. Chang:

In your letter dated February 24, 2000, you requested a tariff classification ruling.

You have submitted samples for three styles of shoes, #MA-807 (American size: men’s 9 ½), #BA-706 (American size: boy’s #4 ½), and #YA-707F (American size: youth’s #B13), which you state are similar to tennis/basketball shoes. You also state that the shoes are made up of leather uppers and rubber/plastic soles.

You have provided no indication that you offer a comparable type of shoe for women. We consider this type of footwear to be commonly worn by both sexes. If you do not provide a “woman’s” alternative to complement the submitted “men’s,” “youth’s” and “boy’s” models, we consider the submitted samples to be “unisex.” In this regard, the applicable subheading for the shoes up to and including American men’s size 8 will be 6403.99.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with leather uppers and plastic and/or rubber soles, not covering the ankle, for other persons. The rate of duty will be 10% ad valorem. For sizes 8.5 and above, the applicable subheading will be 6403.99.60, HTS, which provides for footwear with leather uppers and plastic and/or rubber soles, not covering the ankle, for men, youths and boys. The rate of duty will be 8.5% ad valorem.

The samples you have submitted feature a label glued onto each shoe’s inner sole or footbed that reads “Made in China,” which is not permanent and can easily fall off or be removed. Therefore, if imported as is, the samples submitted will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the shoes 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.”

The shoes also feature a sewn-in label under each tongue that gives the item number and the U.S. size of the shoe. Section 134.46 of the Customs Regulations (19 CFR 134.46) provides that in any case where the words “U.S.,” “American,” or any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on any imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and at least in a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same sides(s) or surfaces(s) in which the name or locality other than the actual country of origin appears.

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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