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NY I86254




October 1, 2002

CLA-2-64:RR:NC:TA:347 I86254

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.11.90

Mr. Pete Michalczyk
Quantum, Logistics, Inc.
5025 D Florence ST.
Denver, CO 80239

RE: The tariff classification of footwear from China

Dear Mr.Michalczyk:

In your letter received September 19, 2002, on behalf of Dash America, Inc., you requested a tariff classification ruling.

The submitted half pair sample, which you state is a running shoe to be worn by both men and women (unisex style), is an athletic-type below the ankle height shoe with a predominately textile upper, a lace closure and a rubber/plastic midsole and outer sole. You state that this shoe will be valued at over $19 per pair.

The applicable subheading for this “running” shoe will be 6404.11.90, 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 and reinforcements); in which the outer sole’s external surface is predominately rubber and/or plastics; which is “athletic footwear”; and which is valued over $12.00 per pair. The rate of duty will be 20% 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 shoes must be marked to indicate that they are “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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