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NY I84765




August 15, 2002

CLA-2-64:RR:NC:TA:347 I84765

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.35

Ms. Leslie Araki
SST International, Inc.
10415 S. La Cienega Blvd.
P.O. Box 45055
Los Angeles, CA 90045

RE: The tariff classification of footwear from China

Dear Ms. Araki:

In your letter dated July 30, 2002, on behalf of Rimann & Associates, you requested a tariff classification ruling.

The submitted half pair sample identified by you as style “Tong,” is an open-toe, open-heel, Y-configured toe-thong sandal with a textile fabric external surface area strap upper, a textile footbed insole and a rubber/plastic bottom/outer sole.

The applicable subheading for this sandal, identified as style “Tong,” will be 6404.19.35, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface is predominately textile materials (excluding accessories or reinforcements); in which the outer sole’s external surface is predominately rubber and/or plastics; which is not “athletic footwear”; which has open toes or open heels; and which is over 10% by weight of rubber and/or plastics. The rate of duty will be 37.5% ad valorem.

We note that the submitted sample 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. The “Thong” sandal should be marked to indicate that it is “Made in China.”

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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