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NY N017237





October 12, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.59.9061

Mr. Christopher P. Garcia
Kuehne & Nagel, Inc.
8200 Boggy Creek Road, Suite 600
Orlando, FL 32834

RE: The tariff classification of footwear from China

Dear Mr. Garcia:

In your letter dated September 13, 2007, on behalf of Purple Mountain Sweaters, you requested a tariff classification ruling.

The submitted sample is a pair of leather upper, leather soled shoes for infants. The shoes are of the slip-on type, are made of soft leather and they do not cover the wearer’s ankle. You state in your letter that an elastic insert has been sewn around the opening at the ankle of the shoe, so that the shoe fits snugly around the ankle of the baby/child.

The applicable subheading for this infant’s size shoe, no style number indicated, will be 6403.59.9061, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear, with uppers predominately of leather and outer soles of leather; which does not cover the ankle; other; for other persons. 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, the footwear 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."

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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