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NY H83965



August 6, 2001

CLA-2-64:LA:S:T:1:4:D27 H83965

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.11.90

Ms. Nohemy Valdivieso
Nohemy Customs Broker, Inc.
11222 La Cienega Blvd., Suite 135
Inglewood, CA. 90304

RE: The tariff classification of footwear from China

Dear Ms. Valdivieso:

In your letter dated July 16, 2001, on behalf of Nelson Sports Co., you requested a tariff classification ruling.

You submitted an athletic type shoe called the Sandbagger. The shoe has a tennis shoe type appearance but is actually designed for rock climbing as well as for regular wear. The upper consists of both rubber/plastic and textile components with textile being the predominant material. The shoe has a foxing band and a rubber/plastic sole. The price, per a company spokesperson, is more than $12.00 per pair.

The applicable subheading for this shoe will be 6404.11.90, Harmonized Tariff Schedule of the United States, (HTS) which provides for footwear with outer soles of rubber or plastics and uppers of textile materials, which are athletic, valued over $12/pair. The rate of duty will be 20 percent ad valorem.

The sample is being returned as requested.

The submitted sample is not marked with the country of origin. Therefore, if imported as is, will not meet the country of origin marking requirements of 19 U.S.C. §1304. Accordingly, the footwear would be considered not legally marked under the provisions of 19 C.F.R. §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, in such 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 this ruling letter or the control number indicated above should be provided with 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.

Sincerely,

Vera Adams
Port Director
Los Angeles-Long Beach Seaport

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