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NY L80238




October 26, 2004

CLA-2-64:RR:NC:TA:247 L80238

CATEGORY: CLASSIFICATION

TARIFF NO. 6402.91.40

Mr. W.J. Gonzalez
Trans-Union Customs Service, Inc.
11941 S. Prairie Avenue
Hawthorne, CA 90250

RE: The tariff classification of footwear from Italy.

Dear Mr. Gonzalez:

In your letter dated October 15, 2004 you requested a classification ruling on behalf of Fairchild Sports/IFW, for four styles of motorcycle boots. You identify the boots as style number 7620/TCS EVO RX, 7621/TCS EVO Replica RX, 7610/TCS EVO and 7630/TCS Sport. You state that all the boots uppers are made of a rubber/plastics material identified as Lorica. You suggest classification under subheading 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, not having a foxing or foxing-like band and not protective. You have not provided a component material external surface area measurement for the uppers of the boots. However, visual examination indicates that over 90 percent of the uppers are rubber/plastics. This information may be verified upon importation.

The applicable subheading for style number 7620/TCS EVO RX, 7621/TCS EVO Replica RX, 7610/TCS EVO and 7630/TCS Sport will be 6402.91.40 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 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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