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NY N018433




November 7, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.3171

Ms. Debbie Ouellette
BBC International
15 Pacella Park Drive
Suite 220
Randolph, MA 02368

RE: The tariff classification of footwear from China

Dear Ms. Ouellette:

In your letter dated October 10, 2007 you requested a classification ruling for two styles of thong sandals identified as Roxy “Cara” Spec. # DO711030, pattern # TNYC1442ZZROK and Roxy “Tiffany” Spec. DO711027, pattern # NYC1441ZZROK.

The submitted samples are girl’s thong sandals with outer soles and uppers of rubber/plastics. The uppers are decorated with multiple plastic ornaments.

The applicable subheading for both Roxy “Cara” Spec. # DO711030, pattern # TNYC1442ZZROK and Roxy “Tiffany” Spec. DO711027, pattern # NYC1441ZZROK will be 6402.99.3171, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with outer soles and uppers of rubber or plastics: other: having uppers of which over 90 percent of the external surface area (including accessories or reinforcements) is rubber or plastics: other: other. The duty rate will be 6 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 samples are not marked with the country of origin. Therefore, if imported as is, they 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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