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NY G81416




October 2, 2000

CLA-2-64-:D11 G81416

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.18

Ms. Esther Isenberg
Right Stuff, Inc.
24 Ray Avenue
Suite 103
Burlington, Massachusetts 01803

RE: Classification of footwear

Dear Ms. Isenberg:

In your recent letter you requested tariff classifications for two shoes to be produced in China.

The submitted samples are identified as E2063-7 and “Flower Pot”.

E2063-7 is an open heel and open toe woman’s shoe with a plastic upper partially covered with plastic sequins. The outer sole is produced from rubber and/or plastic.

“Flower Pot” is an open heel and open toe woman’s sandal. The one piece molded Y-shaped upper has an external surface area of plastic with a textile flower secured to the upper by a single rivet. The outer sole is made from rubber and/or plastic and has varying degrees of thickness.

You state that “Flower Pot” qualifies as a zori.

We do not consider it to be a zori, as the sole does not have uniform thickness from side to side nor are the straps secured to the sole by means of plugs.

The textile flower is not included in the calculation of the external surface area of the upper. We consider the flower to be a loosely attached appurtenance.

The submitted samples are not marked with the country of origin. Therefore, if imported as is, the shoes will not meet the country of origin marking requirements 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".

The applicable subheading for the samples will be 6402.99.18, Harmonized Tariff Schedule of the United States (HTS), which provides for other footwear, in which the upper's external surface is predominately rubber and/or plastics; in which the outer sole's external surface is predominately rubber and/or plastics; which is other than "sports footwear"; in which there is no protective metal toe-cap; in which the top of the upper does not cover the wearer's ankle; in which the upper's external surface is over 90 percent rubber and/or plastics, including accessories and reinforcements; which does not have a foxing or foxing-like band; which is not designed to be protective against water, oil, or cold or inclement weather. The rate of duty will be 6 percent ad valorem.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

William M. McGuire
Acting Port Director
Boston, Massachusetts

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