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NY I82037




June 6, 2002

CLA-2-64:RR:NC:347:I82037

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.30

Ms. Mary Berry
Elan-Polo
630 Melrose Avenue
Nashville, TN 37211-2161

RE: The tariff classification of footwear from China

Dear Ms. Berry:

In your letter dated May 23, 2002, you requested a tariff classification ruling for a sample of athletic style footwear identified as Pattern No. 34115-15.

The sample is an athletic sneaker style shoe with an upper of canvas textile material and an outer sole of rubber/plastics. The shoe does not cover the ankle and has a foxing tape encircling the entire shoe. It is secured to the foot by a traditional 5-eyelet lacing system. The bottom is composed of a complete unit-molded rubber/plastics outer sole to which a thin layer of textile material, identified as canvas, has been adhered. For the purposes of this ruling we assume the canvas material comprising the upper is of vegetable fiber.

Customs Headquarters has recently issued HQ 964978, dated April 18, 2002 addressing the tariff classification of footwear with rubber soles covered with a thin layer of textile material. The shoes in that ruling have outer soles that are substantially similar to Pattern No. 34115-15.

The applicable subheading for Pattern No. 34115W, will be 6405.20.30, Harmonized Tariff Schedule of the United States, (HTS), which provides for other footwear with uppers of textile material, with uppers of vegetable fibers. The general rate of duty will be 7.5 percent ad valorem.

The submitted sample of Pattern No. 34115W is not marked with the country of origin. 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.

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 646-733-3042.

Sincerely,

Robert B. Swierupski
Director,

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