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NY I85054




September 10, 2002

CLA-2-64:RR:NC:TA:347 I85054

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.40.60

Mr. Roger J. Crain
CSS Customs Science Services, Inc.
11901 Reynolds Ave.
Potomac, MD 20854-3334

RE: The tariff classification of footwear from Peru

Dear Mr. Crain:

In your letter dated August 14, 2002, on behalf of your client Sekur Peru S.A., you requested a tariff classification ruling.

The submitted sample, identified as model name “Steeler” is a hi-top shoe/boot which covers the wearer’s ankle. The boot has a leather upper, a leather tongue, a lace closure with eyelets and metal speed hooks, a rubber/plastic outer sole and heel, and a protective steel toe.

The applicable subheading for this boot, identified as model “Steeler” will be 6403.40.60, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles of rubber/plastics and uppers predominately of leather, which is not “sports footwear,” which has a protective metal toe-cap and which is not of welt stitched construction. The rate of duty will be 8.5% 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 subject boots must be marked to indicate that they are “Made in Peru.”

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 646-733-3042.

Sincerely,

Robert B. Swierupski
Director,

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