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NY H87401




February 11, 2002

CLA-2-64:CO:CH:JJB D10 H87401

CATEGORY: CLASSIFICATION

TARIFF NO.: 6406.99.30

Karl F. Krueger
Danzas AEI Customs Brokerage Services
29200 Northwestern Highway
Southfield, Michigan 48034

RE: The tariff classification of an insole from Taiwan

Dear Mr. Krueger:

In your letter dated January 24, 2002, you requested a classification ruling of an insole from Taiwan, on behalf of your client, Iron Age Corporation, of Penn Yan, New York.

You included a sample pair of insoles, designated as “Grabbers”. They are removable insoles to be inserted into shoes. You stated that they are constructed of molded polyurethane with a synthetic non-woven lining on the top where the wearer’s foot would rest. You suggested a classification of 6406.99.30 and we agree.

The applicable subheading for this pair of insoles, designated as “Grabbers”, will be 6406.99.30, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of footwear; other than uppers and parts thereof and other than outer soles and heels; of rubber or plastics. The duty rate will be 5.3%.

This sample pair of insoles is not marked with the country of origin. Therefore, if imported is, this pair of insoles will not meet the country of origin marking requirements of 19 USC 1304. Accordingly, this pair of insoles will be considered not legally marked under the provisions of 19 CFR 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."

The sample pair of insoles is being returned 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 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 regarding this ruling, contact Field National Import Specialist James Bruton at 312/983-1132 or National Import Specialist Richard Foley at 646/733-3042.

Sincerely,

Robyn Dessaure
Port Director

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