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NY G80335




August 22, 2000

CLA-2-64:RR:NC:TP:347 G80335

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.20.00

Ms. Jenny Davenport
Wal-Mart Stores, Inc.
702 SW 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of a zori from China.

Dear Ms. Davenport:

In your letter dated August 4, 2000, you requested a tariff classification ruling.

You have submitted a sample of what you state is a “Women’s Wrapped Thong,” style #TRG-9632A, with a PVC upper and an EVA outer sole. The open toe, open heel sandal features a Y-shaped upper thong with straps that are affixed to a rubber/plastic bottom by means of plugs. The one-piece upper is distinct from the sole, the ends of which penetrate and are secured by plugs into a sole of even thickness, which, at its thickest point, the sole is less than two inches thick.

The applicable subheading for style #TRG-9632A will be 6402.20.00, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles and uppers of rubber or plastics with upper straps or thongs assembled to the sole by means of plugs (zoris). The rate of duty will be free.

We also note that the submitted sample is not properly marked with the country of origin. Therefore, if imported as is, the submitted sample will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the sandal 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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