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NY L84545




June 9, 2005

CLA-2-64:RR:NC:SP:247 L84545

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.11.70

Mr. Mathias A. Gartner
Prima Group Traders Inc.
10080 N.W. 53 Street
Sunrise, FL 33351

RE: The tariff classification of footwear from China

Dear Mr. Gartner:

In your letter received May 16, 2005 you requested a tariff classification ruling.

The submitted half pair sample identified as Style No. PGT N81364L-9 is an athletic-type shoe with an upper consisting of both non-woven textile fiber materials and rubber/plastic materials assembled by functional stitching. The shoe has an upper external surface area consisting of extensive sewn and pieced-in, non-woven textile fiber material sections that border around a rubber/plastic material vamp, sides and rear quarters. Based on visual estimates, we have determined that the external surface area of this shoe upper is predominantly of non-woven textile fiber materials. The shoe also has textile loop eyelets, a padded rubber/plastic tongue, a lace closure and a cemented-on rubber/plastic outer sole that overlaps the upper around the toe, the heel and also at the outside front quarter. You state that this shoe, which does not cover the wearer’s ankle, will be valued at $3.45 per pair.

The applicable subheading for the shoe, identified as Style No. PGT N81364L-9, will be 6404.11.70, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface is predominately textile materials (excluding accessories and reinforcements); in which the outer sole’s external surface is predominately rubber and/or plastics; which is “athletic footwear”; which has soles that overlap the upper other than at the toe or heel; and which is valued at over $3.00 but not over $6.50 per pair. The rate of duty will be 90 cents per pair plus 37.5% 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 the 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.

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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