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NY F83697




March 20, 2000

CLA-2-64:RR:NC:TP:347 F83697

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.90.90

Ms. Mary Berry
Elan-Polo, Inc.
630 Melrose Avenue
Nashville, TN 37211-2161

RE: The tariff classification of a woman’s raffia shoe from China.

Dear Ms. Berry:

In your letter dated March 2, 2000 you requested a tariff classification ruling.

You have submitted a sample of a shoe, pattern #EC6445, which is a woman’s open toe/open heel shoe that you state is made up of a natural raffia straw upper with a PU binding and a rubber outer sole. You also state that the shoe will be valued at $5.50 per pair.

The applicable subheading for the shoe will be 6405.90.90, Harmonized Tariff Schedule of the United States (HTS), which provides for other footwear, other, other. The rate of duty will be 12.5% ad valorem.

In your letter you state that the shoe you submitted is a sample and therefore is not marked with the country of origin. If imported as is, the sample submitted will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the shoe 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.”

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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