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NY H84608




September 4, 2001

CLA-2-64:RR:NC:TA:347 H84608

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.91.50

Mr. Joseph Jennings
Henri Lloyd North America Inc.
11940 Alpharetta Highway #130
Alpharetta, GA 30004

RE: The tariff classification of footwear from China

Dear Mr. Jennings:

In your letter dated August 20, 2001 you requested a tariff classification ruling.

The submitted sample, no style number indicated, is a pair of molded and/or vulcanized rubber/plastic boots approximately 18-inches in height. You state that the molded parts of these “sailing” boots are made of 100% pure natural rubber and that they have a sewn-on, 2-inch wide nylon textile fabric collar at the top. The boots are designed to keep the wearer’s feet dry and have cut rubber outer soles that are useful for their non-slip properties on boats.

The applicable subheading for the “sailing” boot described above will be 6402.91.50, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which both the upper’s and the outer sole’s external surfaces are predominately rubber and/or plastics; which is not "sports footwear”; which covers the ankle; in which the upper’s external surface area does not measure over 90% rubber and/or plastics (including any accessories or reinforcements); and which is designed to be a protection against water, oil, or cold or inclement weather. The rate of duty will be 37.5% ad valorem.

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 boot sample you have provided for this ruling request has not been marked with its country of origin. Therefore, if imported as is, this boot does not meet the country of origin marking requirements of the marking statute and will be considered not legally marked.

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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