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NY J85867




July 15, 2003

CLA-2-64: RR: NC: TA: 347 J85867

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.70

Ms. Maria E. Julia
Newport News, Inc.
711 Third Avenue, (4th Floor)
New York, NY 10119

RE: The tariff classification of footwear from China.

Dear Ms. Julia:

In your letter dated June 26, 2003, you requested a tariff classification ruling.

The submitted half pair sample, identified by you as Style / Item Number S04-09-071, a woman’s closed-toe, closed-heel casual shoe which has a ½-inch wide ankle strap with an adjustable side-buckle closure. The shoe has a decorative crocheted-like textile upper, a padded insole, an approximately 3 ½-inch platform-wedge configured heel with side-trim consisting of encircling rows of weaved textile cord and a cemented-on rubber/plastic outsole. You indicate that the footwear is valued over $3 but not over $6.50/pair.

The applicable subheading for Style / Item Number S04-09-071, will be 6404.19.70, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the upper’s external surface is predominately textile materials, in which the outer sole’s external surface is predominately rubber and/or plastics, which is not athletic footwear, which has neither open toes or open heels, and which is not a slip-on; in which the sole overlays the upper other than at the toe or heel; and which is valued over $3.00 but not over $6.50 per pair. The rate of duty will be 90 cents per pair plus 37.5% ad valorem.

We also note that the submitted shoe is not marked with the country of origin. Therefore, if imported as is, the footwear submitted will not meet the country of origin marking requirement 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.”

We are returning the sample as 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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