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NY N018858




November 2, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.3115

Mr. Robert B. Silverman
Grunfeld, Desiderio, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, NY 10022-4877

RE: The tariff classification of footwear from China

Dear Mr. Silverman:

In your letter dated October 22, 2007 you requested a classification ruling on behalf of BBC International Ltd. for a children’s athletic style shoe identified as “airwalk” pattern no. TKYEE718ZHAIR.

The submitted sample is a below-the-ankle athletic style shoe with an outer sole and upper of rubber/plastics. You state that over 90 percent of the external surface area of the upper (including accessories or reinforcements) is rubber or plastics. The shoe has a lace tie closure system. The bottom of the shoes upper has been cut out in various areas thereby leaving less than 40 percent of the upper overlapped by the sidewalls of the unit molded outer sole.

The applicable subheading for “airwalk” pattern no. TKYEE718ZHAIR will be 6402.99.3115, 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, not protective and not having a foxing or foxing-like band: other: tennis shoes, basketball shoes, gym shoes, training shoes and the like. 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/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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."

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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