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NY M82860




May 2, 2006

CLA-2-64:RR:NC:247: M82860

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.35

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of footwear from China.

Dear Mr. Crago:

In your letter dated April 12, 2006, you requested a tariff classification ruling for a thong sandal. You have submitted a sample of style C020BA04462 described as a ladies fashion sandal.

The submitted sample is an open toe/heel thong sandal with an outer sole of rubber/plastics and an upper of textile material. The upper is decorated with sewn-on plastic sequins.

The applicable subheading for style C020BA04462 will be 6404.19.35 Harmonized Tariff Schedule of the United States, (HTS), which provides for footwear, with outer soles of rubber/plastics and uppers of textile materials, other, footwear with open toes or open heels. The rate of duty will be 37.5 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."

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/.

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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