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NY H86085




December 21, 2001

CLA-2-64:D11:H86085

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.18

Ms. Ida G. Hansen
Pleasant Company
8400 Fairway Place
Middleton, WI 53562

RE: Classification of footwear.

Dear Ms. Hansen:

In your recent letter you requested a tariff classification on a shoe to be produced in China. You also asked if the shoe meets the country of origin marking requirements.

The submitted sample, part number 5161 is a girl’s open toe and open heel sandal with a 100 percent plastic tube upper, a foam midsole. The outer sole is produced from rubber and/or plastic.

The words “American Girl” are printed on the midsole. A sticker label indicating the size appears on the rear portion of the midsole. A sticker label indicating the country of origin appears on the outer sole of the sample. The country of origin marking label has three lines, the first line states made in, the second line “American Girl” and the third China. The label is produced in very small print.

As requested, your sample is being returned under separate cover.

We consider the words “American Girl” to be misleading and the location and size of the print, of the country of origin label not to be conspicuous.

If imported as is, the submitted sample 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, permanently and in a conspicuous location the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.”

The applicable subheading for part number 5161 will be 6402.99.18, 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 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 6 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 646-733-3042.

Sincerely,

Nora E. Ehrlich
Port Director, Boston

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