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NY H81970




June 20, 2001

CLA-2-64:RR:NC:TA:347 H81970

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.90.9000

Ms. Kathy A. Quintano
Footstar
933 MacArthur Blvd.
Mahwah, NJ 07430

RE: The tariff classification of footwear from China

Dear Ms. Quintano:

In your letter dated June 6, 2001 you requested a tariff classification ruling.

The submitted half pair sample, no style number indicated, is a woman’s sandal with an upper consisting of a single 2-inch wide strap at the instep. This single strap upper has an external surface area that consists entirely of small rectangular segmented balsa wood tiles that completely cover and obscure an underlying leather interior lining surface that contacts the wearer’s foot. The sandal also has a rubber/plastic insole, a rubber/plastic outer sole and a wedge shaped wooden heel platform insert.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. We note that the sample sandal you have provided for this ruling request is not marked with the country of origin. Therefore, if imported as is, the sandal does not meet the country of origin marking requirements of the marking statute and will be considered not legally marked.

The applicable subheading for the sandal described above, no style number indicated, will be 6405.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface is not predominately leather, composition leather, textile materials, or rubber or plastics, and which is not disposable footwear designed for one time use. The rate of duty will be 12.5% ad valorem.

We are returning the sample as you requested.

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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