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NY L88872




December 6, 2005

CLA-2-64:RR:NC:SP:247 L88872

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.90.90

Mr. Roger J. Crain
Customs Science Services, Inc.
11901 Reynolds Ave.
Potomac, MD 20854-3334

RE: The tariff classification of footwear from China

Dear Mr. Crain:

In your letter dated November 16, 2005, on behalf of Liz Claiborne Shoes, you requested a tariff classification ruling.

The submitted half pair sample, identified as Style No. 12610110 “Liz Claiborne Flex Sorbet,” is a women’s open-toe, open-heel shoe with a rubber/plastic outer sole and a 1½-inch high rubber/plastic heel. This sandal-like slip-on shoe has an upper consisting of a two inch wide strap, which passes over the wearer’s instep and is lasted under the insole. The external surface area material of the upper (ESAU) consists of a layer of tightly linked and multi-edged, very small metal disks, which you describe as a “chain mail” fabric. The metal “chain mail” material, as you state, covers and completely obscures the underlying plastic substrate material onto which it is firmly cemented (except for very narrow plastic edging, which is necessary to securely attach the “chain mail”).

The applicable subheading for the shoe, identified as Style No. 12610110 “Liz Claiborne Flex Sorbet,” will be 6405.90.90, Harmonized Tariff Schedule of the United States (HTS), which provides for other footwear, other, other. The duty rate will be 12.5% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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