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NY G84500




November 22, 2000

CLA-2-64:RR:NC:TP:347 G84500

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.90.90

Mr. Bill Sullivan
MSAS Global Logistics
248-06 Rockaway Blvd.
Jamaica, NY 11422

RE: The tariff classification of a woman’s shoe with wooden beads from China.

Dear Mr. Sullivan:

In your letter dated November 13, 2000, written on behalf of your client, Newport News Inc., you requested a tariff classification ruling.

You have submitted a sample of what you refer to as a ladies slide shoe, style #S01-09-109. This is a slip-on shoe with open toes and open heels, an upper made up of wooden beads, and a rubber/plastic outer sole. A layer of wooden beads is also featured on the footbed.

The applicable subheading for the shoe, style #S01-09-109 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.

We also note that the submitted sample is not marked with the country of origin. Therefore, if imported as is, the sample 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.”

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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