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NY F89688




August 3, 2000

CLA-2-64:RR:NC:TA:347 F89688

CATEGORY: CLASSIFICATION

TARIFF NO. 6402.20.00

Ms. Stephanie A. Goldfischer
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
New York, NY 10167-3397

RE: The tariff classification of footwear made in China.

Dear Ms. Goldfischer:

In your letter dated July 25, 2000 you requested a classification ruling on behalf of your client E.S. Originals, Inc. for two footwear styles.

You describe the samples, style number Y2761-0 and 2N534-1, as thong-style open toe, open heel sandals. The uppers of which are “Y” shaped straps made of plastic that are attached to the sole by means of plugs.

Style Y2761-0 features a big blue and white decorative flower-shaped ornament composed of textile material that is secured to the upper by means of a single metal rivet. You state that the thickest point of the sole measures approximately 1 inch thick and the thinnest point of the sole measures 15/16 of an inch.

Style 2N534-1 features the “GAP” trademark and five small red flower shaped ornaments composed of textile material. They are secured by means of metal rivets. You state that the thickest part of the sole measures approximately 1-1/4 inches thick and the thinnest point of the sole measures 1 inch.

The decorative flower-shaped ornaments composed of textile material and secured to the uppers by means of a single rivet are consistent with the concept of “loosely attached appurtenances” and therefore not considered in the external surface area of the upper determination.

The applicable subheading for both styles Y2761-0 and 2N534-1 will be 6402.20.00 Harmonized Tariff Schedule of the United States (HTS), which provide for footwear with outer soles and uppers of rubber or plastics, footwear with upper straps or thongs assembled by means of plugs (zoris). The rate of duty will be Free.

The submitted samples are 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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