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NY M84506




July 13, 2006

CLA-2-64:RR:NC:247: M84506

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.99.90

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL33301

RE: The tariff classification of footwear from China.

Dear Mr. Crago:

In your letter dated June 20, 2006, you requested a tariff classification ruling for a ladies thong sandal, item number C020BA04915. The outer sole is rubber/plastics and the upper is leather. You have provided a value of over $2.50/pair. The upper consists of a strap across the instep that straddles the big toe and a strap with a metal buckle across the front of the ankle. The shoe has a leather footbed and a cork mid sole.

The applicable subheading for item number C020BA04915 will be 6403.99.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with outer soles of rubber or plastics and uppers of leather: other; not covering the ankle, other, for other persons, valued over $2.50/pair. The rate of duty will be 10% 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/.

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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