NY J88016 - The country of origin marking of an unformed leather shoe upper that will be lasted to shape, attached to a sole and assembled into a finished shoe in Italy. - United States International Trade Commision Rulings

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NY J88016

September 3, 2003

CLA-2-64:RR:NC:TA:347 J88016

CATEGORY: MARKING

Mr. John Imbrogulio
Nordstrom, Inc.
1617 Sixth Ave., Suite 1000
Seattle, WA 98101

RE: The country of origin marking of an unformed leather shoe upper that will be lasted to shape, attached to a sole and assembled into a finished shoe in Italy.

Dear Mr. Imbrogulio:

In your letter dated August 12, 2003 you requested a ruling regarding the country of origin marking of footwear identified as your Style 041, a women’s casual hi-top shoe from Italy.

You state in your letter that all the ”raw materials” that make up this leather upper, rubber soled shoe originate in Italy. Some of the “raw materials” are sent to the Czech Republic, where the leather is cut, edged and stitched together and otherwise processed to make the uppers, a sample of which you have provided. The unformed leather uppers, which are unlasted and completely open at the bottom, are returned to Italy where they are further manufactured into finished footwear. You state that toe tips and quarters are applied to the shoe uppers in Italy, they are lasted to shape and rubber soles are applied. Finally, the shoes are refinished, inspected and packaged for export sale to the United States.

In determining the country of origin of this finished leather upper shoe, classifiable in heading 6403 of Chapter 64, Harmonized Tariff Schedule of the United States (HTS), the NAFTA rules of origin as described in CFR 102.11 (a) (3) are used. It states that the country of origin of a good is the country in which “each foreign material incorporated in that good undergoes an applicable change in tariff classification set out in 102.20 ” The country of origin rules set out in CFR 102.20 for Chapter 64 state that in order to determine origin for a good “a change to heading 6401 through 6405 from any other heading outside that group, except from formed uppers” must be met. Since you will be importing “unformed” shoe uppers from the Czech Republic into Italy to be there produced into completed footwear, the country of origin for the finished shoe in question, which you identify as your shoe Style 041, will be Italy.

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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