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NY L81254




December 22, 2004

CLA-2-64:RR:NC:247: L81254

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.20.60

Mr. Charles G. Hartill
Charles G. Hartill, LCHB
147-217 175th Street
Jamaica, NY 11434

RE: The tariff classification of footwear from Brazil

Dear Mr. Hartill:

In your letter dated December 03, 2004, you requested a tariff classification ruling on behalf of Ballet Makers, Inc. The sample, which you identify as style BR33 is a woman’s high heel fashion shoe with an outer sole of leather and an upper of textile material.

The applicable subheading for the shoe will be 6404.20.60 Harmonized Tariff Schedule of the United States, (HTS), which provides for footwear with outer soles of leather and uppers of textile material, other. The general rate of duty will be 37.5 percent ad valorem.

The submitted sample is not marked with the country of origin. Therefore, if imported as is, it 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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