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NY L85922




August 2, 2005

CLA-2-64:RR:NC:SP:247 L85922

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.11.90

Mr. Bill Brady
OIA Global Logistics
17230 N.E. Sacramento St.
Portland, OR 97230

RE: The tariff classification of footwear from China

Dear Mr. Brady:

In your letter dated June 30, 2005, on behalf of your client AQx Inc., you requested a tariff classification ruling.

The submitted half pair sample, identified as “Model Mako, Style AQx1001,” is an athletic-type shoe that you state is a “water fitness” shoe and will be marketed for use in vigorous activities such as running in water or engaging in “aqua aerobics.” The shoe has a predominately textile material upper that does not cover the ankle, with rubber/plastics material external surface area structural reinforcements at the toes, along the sides and eyelet stays, and at the back. The shoe also has a functional lace closure complete with textile loop eyelets and with an adjustable plastic cinch stop to tighten and hold the shoe on the foot. There are three, semi-rigid rubber/plastic wing-like protrusions on both sides of the upper’s external surface and the shoe has a cemented-on, unit molded rubber/plastic material bottom/sole that overlaps the upper. You state that this shoe will be valued at over $12 per pair.

The applicable subheading for the shoe identified as “Model Mako, Style AQx101,” will be 6404.11.90, 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; and which is valued over $12.00 per pair. The rate of duty will be 20% ad valorem.

We note that the submitted shoe is not marked with the country of origin. Therefore, if imported as is, the shoes will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the shoes will 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.”

We are returning the sample as you requested.

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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