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NY L82732




March 10, 2005

CLA-2-64:RR:NC:247: L82732

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.35, 4202.92.1500

Ms. Blanca Ponce
The Donna Karan Company LLC
580 Gotham Parkway
Carlstadt, NJ 07072

RE: The tariff classification of footwear and bag from Hong Kong

Dear Ms. Ponce:

In your letter dated February 24, 2005, you requested a tariff classification ruling for a textile shoe and bag identified as “Travel Ballarina” style 23357022. The shoe is a ladies slip-on with an outer sole of rubber or plastics and an upper of textile material. The shoe is sold in a matching textile material draw-string travel bag. You identify the bag as 53% cotton/47% polyester.

The applicable subheading for the shoe will be 6404.19.35 Harmonized Tariff Schedule of the United States, (HTS), which provides for footwear with outer soles of rubber or plastics and uppers of textile material, other footwear with open toes or open heels. The general rate of duty will be 37.5 percent ad valorem.

The applicable subheading for the bag will be 4202.92.1500 (HTS), which provides for travel, sports and similar bags with outer surface of textile material, of vegetable fibers and not of pile or tufted construction, of cotton. The general rate of duty will be 6.3 percent ad valorem.

Subheading 4202.92.1500 (HTS) falls within textile category designation369. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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