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NY J87278




September 9, 2003

CLA-2-64:RR:NC:TA:347 J87278

CATEGORY: CLASSIFICATION

TARIFF NO. 6402.99.18

Mr. Tim O’Conner
Lowell Shoe, Inc.
8 Hampshire Drive
P.O. Box 904
Hudson, NH 03051-0904

RE: The tariff classification of footwear from China.

Dear Mr. O’Conner:

In your letter dated August 22, 2003 you requested a classification ruling for footwear style “Pro-Air” Stock #QK 233-01. You describe the shoe as a ladies and men’s clog. The clog is a one-piece blown EVA unit. The clog has ventilation holes on both sides. Thermo plastic “frames” surround the ventilation zones on both sides which are covered by a silver mesh underlay.

The shoe is an open-heeled, closed toe clog with a removable foot bed.

The applicable subheading for “Pro-Air” Stock #QK 233-01 will be 6402.99.18 Harmonized Tariff Schedule of the United States (HTS) which provides for footwear with outer soles and uppers of rubber/plastics, other, not covering the ankle, having uppers of which over 90 percent of the external surface area including accessories and reinforcements is rubber or plastics, other. The rate of duty will be 6 percent ad valorem.

The submitted samples are 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 you have any questions regarding this ruling, contact National Import Specialist, Richard Foley at (646) 733-3042.

Sincerely,

Robert Swierupski
Director,

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