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NY N003298




November 22, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.90

Ms. Leslie Araki
SST International, Inc.
10415 S. La Cienega Blvd.
P.O. Box 45055
Los Angeles, CA 90045

RE: The tariff classification of footwear from Brazil

Dear Ms. Araki:

In your letter dated November 10, 2006, on behalf of Keep Company, you requested a tariff classification ruling.

The submitted half pair shoe sample identified as style name “Juniper” is described as a women’s ballet styled canvas shoe of the slip-on type, with a textile material upper that does not cover the wearer’s ankle. The shoe has a sewn and cemented on, unit molded rubber/plastic bottom with a ¾-inch high foxing or foxing-like band applied or molded at the sole. You state in your letter that this shoe will be valued at $19.50 per pair.

The applicable subheading for the shoe identified as style name “Juniper” will be 6404.19.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear, in which the upper’s external surface is predominately textile materials; in which the outer soles external surface is predominately rubber and/or plastics; which is not “athletic footwear”; which is not designed to be a protection against water, oil, or cold or inclement weather; which does not have open-toes or open heels; which has a rubber/plastic foxing or foxing-like band; and which is valued over $12 per pair. The general rate of duty will be 9% 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 marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. We note that the sample footwear that you have provided for this ruling request has not been marked with the country of origin. Therefore, if imported as is, the shoe does not meet the country of origin marking requirements of the marking statute and will be considered not legally marked.

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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