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NY L86898




August 23, 2005

CLA-2-64:RR:NC:247: L86898

CATEGORY: CLASSIFICATION

TARIFF NO.: 6406.99.60

Mr. Homer L. Jenkins
Wells Lamont
6640 West Touhy
Niles, IL 60714

RE: The tariff classification of leggings and spats from Pakistan

Dear Mr. Jenkins:

In your letter dated August 5, 2005 you requested a tariff classification ruling for two products. You have provided a sample of style 6NE11 which you describe as a legging manufactured with a 14” long split leather outer cover over a tempered steel spring which overlaps around the calf of the leg. The leather is flame retardant split leather. There is a rubber flair which will cover the shoe. The product will be sold in the industrial market for foot and leg protection. This is to safeguard workers from radian(t) heat, molten metal and sparks. You have also provided a sample for style 6NE12 which you describe as a spat manufactured with a 2” elastic top with a snap closure and adjustable instep strap. The leather is 7” high with two rear overshoe buckle fasteners. The leather is flame retardant split leather. The 6” flare to cover the shoe is also made from flame retardant leather. The product will be sold to the industrial market for foot protection. This is to safeguard workers from radian(t) heat, molten metal and sparks.

The applicable subheading for style 6NE11 and 6NE12 will be 6406.99.60, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of footwear, removable insoles, heel cushions and similar articles, gaiters, leggings and similar articles, other, of leather. The rate of duty will be free.

The submitted samples are not marked with the country of origin. Therefore, if imported as is, they 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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