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NY L87169




September 6, 2005

CLA-2-64:RR:NC:247: L87169

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.18

Ms. Emily Kayton
Biscotti, Inc.
5601 San Leandro Street, 3rd Floor
Oakland, CA 94621
RE: The tariff classification of footwear from China.

Dear Ms. Kayton:

In your letter received on August 18, 2005, you requested a tariff classification ruling for certain plastic footwear. You have submitted a sample identified as “Candy Stripe”. The shoe is a girls open-toe, open-heel thong sandal with an outer sole and upper of rubber/plastics. “Candy Stripe” has loosely attached textile ornamentation decorating the vamp. The “Y” shaped upper of the “Candy Stripe” is attached to the sole by means of plugs. The sole has a plastics wrap around the perimeter and is not one piece. In this regard, the “Candy Stripe” is not “zoris” footwear.

The applicable subheading for “Candy Stripe”. will be 6402.99.18, Harmonized Tariff Schedule of the United States, which provides for footwear with outer soles and uppers of rubber/plastics, other, not covering the ankle, other, having uppers of which over 90 percent of the external surface area including accessories or reinforcements is rubber or plastics, other. The general rate of duty will be 6 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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