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NY K87790




July 20, 2004
CLA-2-64:RR:NC:TA:247 K87790

CATEGORY: CLASSIFICATION

TARIFF NO. 6402.91.40

Ms. Nancy Bosseckert
Freight Brokers Global Services, Inc.
205 Meadow Road
Edison, NJ 08817

RE: The tariff classification of footwear from China.

Dear Ms. Bosseckert:

In your letter dated July 2, 2004 you requested a classification ruling on behalf of Aerogroup International, Inc., for a woman’s fashion boot, style IB0185. The boot has an outer sole and upper of rubber or plastics material, covers the ankle but not the knee and features a metal slide-fastener running up the entire boot shaft. You have supplied an independent lab report indicating that the upper is 97 percent rubber/plastics materials.

The applicable subheading for style IB0185 will be 6402.91.40 Harmonized Tariff Schedule of the United States (HTS) which provides for footwear with outer soles and uppers of rubber/plastics, other, covering the ankle, having uppers of which over 90 percent of the external surface area (including accessories or reinforcements) is rubber or plastics. The rate of duty will be 6 percent ad valorem.

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 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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