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NY K88197





August 16, 2004
CLA-2-64:RR:NC:SP:247 K88197

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.18

Mr. Tim O’Connor
Sofft Shoe Company, Inc.
8 Hampshire Drive
Hudson, NH 03051

RE: The tariff classification of footwear from China

Dear Mr. O’Conner:

In your letter dated August 2, 2004, you requested a tariff classification ruling.

The submitted half pair sample identified as the “Pro Air II (Stock #QK)”, is a below-the-ankle height, molded rubber/plastic upper slip-on shoe that has several “ventilation holes” at the back of the heel and two, cemented-in plastic mesh side panel vent-like openings. This molded clog-like shoe has a removable insole and two separately cemented-on rubber/plastic outer sole panels that contact the ground.

The applicable subheading for the shoe identified as the “Pro-Air II (Stock #QK)” will be 6402.99.18, Harmonized Tariff Schedule of the United States (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; which is not designed to be a protection against water, oil or cold or inclement weather; and which does not cover the ankle. The rate of duty will be 6% ad valorem.

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 shoe you have provided for this ruling request has not been marked with its country of origin. Therefore, if imported as is, the shoe does not meet the country of origin marking requirements of the marking statute and will be considered not legally marked.

We are returning the sample as you have 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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