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NY L80551




October 28, 2004
CLA-2-64:RR:NC:247: L80551

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.19.15

Mr. Rodney Ralston
UPS Supply Chain Solutions
One UPS Way
Champlain, NY 12919

RE: The tariff classification of sports footwear from China

Dear Mr. Ralston:

In your letter dated October 21, 2004, you requested a tariff classification ruling on behalf of Brine, Inc. The submitted samples are identified as style BLUR MID a man’s lacrosse shoe with an upper, outsole and cleats of 100 percent polyurethane, and style BLUR JR a child’s lacrosse shoe with an outsole and cleats of 100 percent polyurethane. The upper is a combination of polyvinylchloride and polyurethane. Both shoes feature molded rubber/plastics cleats and lace-tie closures. The BLUR MID covers the ankle and the BLUR JR does not cover the ankle.

The applicable subheading for Styles BLUR MID and BLUR JR will be 6402.19.15, Harmonized Tariff Schedule of the United States, (HTS), which provides for footwear with outer soles and uppers of rubber or plastics, sports footwear, other, 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, other. The general rate of duty will be 5.1 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 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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