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NY K85357




May 12, 2004
CLA-2-64:RR:NC:SP:247 K85357

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.18 ; 6402.99.30 ; 6404.19.35 ; 6404.19.60 ; 9506.70.2010

Mr. Matthias A. Gartner
Prima Group Traders
10080 NW 53rd Street
Sunrise, FL 33351

RE: The tariff classification of footwear from China

Dear Mr. Gartner:

In your letter dated April 17, 2004 you requested a tariff classification ruling.

The submitted five samples are identified as follows:

(1) Hi Ana Beach Zory - A girl’s open-toe, open-heel toe-thong sandal that has a unit molded rubber/plastic material “V” configured strap upper, the ends of which penetrate and are secured into an EVA plastic bottom/sole. The plastic material upper straps also have a row of securely sewn-on ornamental shells and stone beads that cover much of the strap’s external surface area.

(2) PGT CHALS146 - A women’s open-toe, open-heel toe-thong upper slip-on shoe that has a unit molded rubber/plastic material “V” configured strap upper, the ends of which penetrate and are secured into a rubber/plastic bottom/sole. The molded rubber/plastic sole has a 1½-inch high heel and lift. The upper also features a loosely attached rubber/plastic flower-like ornament.

(3) PGT EASND21287 - A girl’s closed-toe, closed-heel casual shoe with a predominately textile embroidered upper external surface area, a four eyelet lace closure, a cemented-on rubber/plastic midsole and outer sole. The shoe does not have a foxing-like band and you state it will be valued at $4.35 per pair.

(4) PGT LIOEVL10019 - A women’s open-toe, open-heel toe-thong sandal that has stitched together textile fiber external surface area upper material “V” configured 3/8-inch wide straps, the ends of which penetrate and are secured into a straw-like plastic insole and a rubber/plastic outer sole. The non-woven textile material straps of the upper also have a row of securely sewn-on ornamental plastic or glass beads.

(5) Jama-IN-01 “In Line Skate Shoe” - A low-top roller skating shoe that has a leather upper and a rubber sole with a pop-up roller skate wheel that is permanently attached into the heel and allows the wearer to roll on his heels along the ground.

The applicable subheading for the sandal identified as the “Hi Ana Beach Zory” will be 6402.99.30, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which both the upper’s and outer sole’s external surface is predominately rubber and/or plastics; which is not “sports footwear”; which does not cover the ankle; in which the upper’s external surface area does not measure over 90% rubber or plastics (including any accessories or reinforcements); and which has open toes or open heels. The rate of duty will be 37.5% ad valorem.

The applicable subheading for the women’s sandal identified as style “PGT CHALS146” will be 6402.99.18, HTS, which provides for footwear, in which the upper’s external surface area is over 90% rubber or plastics (including any accessories or reinforcements); in which the outer sole’s external surface is predominately rubber and/or plastics; which is not “sports footwear”; which does not have a foxing-like band; and which does not cover the ankle. The rate of duty will be 6% ad valorem.

The applicable subheading for the girl’s shoe identified as style “PGT EASND21287” will be 6404.19.60, HTS, which provides for footwear in which the upper’s external surface is predominately textile materials; in which the outer soles external surface is predominately rubber and/or plastics; which is not “athletic footwear”; which does not have an open-toe or open-heel and is not a slip-on; which is not designed to be a protection against water, oil, or cold or inclement weather; which does not have a foxing or a foxing-like band; in which the soles and midsole are affixed to the upper exclusively with an adhesive; and which is valued over $3 but not over $6.50 per pair. The rate of duty will be 37.5% ad valorem.

The applicable subheading for the women’s sandal identified as style “PGT LIOEVL10019” will be 6404.19.35, HTS, which provides for footwear, in which the upper’s external surface is predominately textile materials (excluding accessories or reinforcements); in which the outer sole’s external surface is predominately rubber and/or plastics; which is not “athletic footwear”; which has open toes or open heels; and which is over 10% by weight of rubber and/or plastics. The rate of duty will be 37.5% ad valorem.

The applicable subheading for the sample identified as the Jama-IN-01 “In Line Skate Shoe” will be 9506.70.2010, HTS, which provides for articles and equipment for general physical exerciseoutdoor games, not specified or included elsewhere in this chapterparts and accessories thereof: ice skates and roller blades, including skating boots with skates attachedroller skates and parts and accessories thereofattached to boots. The rate of duty will be Free.

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. We note that the sample shoes and “skate” you have provided for this ruling request have not been marked with the country of origin. Therefore, if imported as is, the shoes and the “skate” do not meet the country of origin marking requirements of the marking statute and will be considered not legally marked.

We are returning the samples as you 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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