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NY H80448




May 24, 2001

CLA-2-64:RR:NC:TP:347 H80448

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.70

Ms. Elizabeth Rizzo
Donna Karan Company
555 Gotham Parkway
Carlstadt, NJ 07072

RE: The tariff classification of a textile infant shoe from China.

Dear Ms. Rizzo:

In your letter dated April 27, 2001, you requested a tariff classification ruling.

You have submitted a sample of what you state is an infant’s shoe, style “Torro Crib,” #46317012C, with an upper made up of textile, rubber/plastics, and leather material, and a rubber outer sole. Visual examination of the shoe indicates that textile is the constituent material having the greatest external surface area of the upper (ESAU). You state that the shoe is valued at $4.50 per pair. This shoe also features a closed toe and heel, and a lace-tie closure. The rubber/plastics sole is affixed to the upper by stitching.

The applicable subheading for style “Torro Crib,” #46317012C will be 6404.19.70, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the upper’s external surface is predominately textile materials, in which the outer sole’s external surface is predominately rubber and/or plastics, which is not athletic footwear, which has neither open toes or open heels, held to the foot with the use of laces or buckles or other fasteners, having soles of rubber or plastics which are affixed to the upper by stitching, valued over $3.00 but not over $6.50 per pair. The rate of duty will be 90 cents per pair plus 37.5% 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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