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NY N015069





August 7, 2007

CLA-2-64:RR:SP:247

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.90.2000

Ms. Robert E. Haspray
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, NY 12979

RE: The tariff classification of disposable footwear.

Dear Mr. Haspray:

In your letter dated July 25, 2007, you requested a tariff classification ruling on behalf of Hubscher Ribbon for disposable footwear. You have submitted a sample identified as “Overshoe 100.”

You state that the item is intended to be worn over shoes by perspective home buyers to protect floors or floor coverings from damage. They are designed for one-time use. The outer sole is predominantly textile material with rubber/plastic “traction” dots. The upper is made of clear vinyl material with an elasticized bungee-cord toggle closure.

The applicable subheading for “Overshoe 100” will be 6405.90.2000, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for other footwear: other: disposable footwear, designed for one-time use. The general rate of duty will be 3.8 percent 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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