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NY H81789




June 22, 2001

CLA-2-64:D11:H81789

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.30

Mr. Michael R. Spano
Michael R. Spano & Co., Inc.
Customs House Brokers
190 McKee Street
Floral Park, New York 11001

RE: Classification of footwear.

Dear Mr. Spano:

In your recent letter, on behalf of Jimilar Corporation, American Eagle Division, Great Neck, New York, you requested a tariff classification on a shoe to be produced in China.

The submitted sample, style “Bander” AE6477-2215B1, is a woman’s open toe and open heel shoe with a rubber and/or plastic outer sole. The upper consists of plastic with polypropylene plastic strip accessories. The polypropylene strips are less than five millimeter in width. We consider the strips to be man-made fiber.

By visual examination the external surface area of the upper, including accessories or reinforcements, is not over 90 percent rubber and/or plastic.

The shoe has a label with the words “American Eagle” TM. We are not able to verify the trademark as it is not registered with U.S. Customs. The shoe is not marked with the country of origin.

If imported as is, the submitted sample, “Bander”, will not meet the country of origin marking requirements. 19 C.F.R. 134.46 states “In any case in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country of locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.”

The applicable subheading for style “Bander”, will be 6402.99.30, Harmonized Tariff Schedule of the United States, HTS, which provides for footwear, in which the upper’s external surface is predominately rubber and /or plastics; in which the outer sole is 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 not over 90 percent rubber and/or plastics, including accessories and or reinforcements; which is not protective in function; which has an open toe or open heel. The rate of duty will be 37.5 percent ad valorem.

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.

If you have any questions pertaining to this ruling, please contact Field National Import Specialist Anthony Cataldo at 617-565-6126 or National Import Specialist Richard Foley at 212-637-7089.

Sincerely,

Nora E. Ehrlich
Port Director
Boston

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