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NY M84502




July 17, 2006

CLA-2-64:RR:NC:SP:247 M84502

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.18

Mr. Jon Nelson
Nordstrom, Inc.
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of footwear from China

Dear Mr. Nelson:

In your letter dated June 21, 2006 you requested a tariff classification ruling.

The submitted half pair sample, identified as style “Pineapple-rub,” is a women’s closed-toe, open-heel clog type shoe with a rubber/plastic upper and a rubber/plastic sole. The molded rubber/plastic upper includes a separately attached heel strap portion that is assembled to the upper with two round plastic rivets, which are punched through the upper at the sides by the instep and close to the sole. We note that Chapter 64, heading 6401, Harmonized Tariff Schedule of the United States (HTSUS), provides for “Waterproof footwear with outer soles and uppers of rubber or plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes.” Your suggested classification of this rubber/plastic clog type shoe as “waterproof footwear” is not applicable because this shoe has an upper that is, in part, assembled by riveting.

The applicable subheading for the shoe, identified as style “Pineapple-rub,” will be 6402.99.18, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear, in which both the upper's and outer sole's external surface is predominately rubber and/or plastics; which does not cover the ankle; in which the upper's external surface area measures over 90% rubber and/or plastics (including any accessories or reinforcements); which does not have a foxing or a foxing-like band applied or molded at the sole and overlapping the upper; and which is not designed to be a protection against water, oil, or cold or inclement weather. The rate of duty will be 6% 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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