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NY N019812




November 29, 2007

CLA-2-64:RR:SP:247

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.3115

Ms. Mika M. McLafferty
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue – 25th Floor
New York, NY 10022-4877

RE: The tariff classification of footwear from Vietnam

Dear Ms. McLafferty:

In your letter dated November 13, 2007, you requested a tariff classification ruling on behalf of AlpineStars, S.p.A., for a lace-up athletic shoe with an outer sole and upper of rubber/plastics material. You have submitted a sample identified as model “FI-Sport.” You indicate that the shoe has an upper that is over 90 percent rubber/plastics including accessories or reinforcements. You state that the unit molded outer sole overlaps the upper in excess of ¼ inch and this overlap occurs around less than 40 percent of the shoe’s perimeter. In this regard, the shoe does not have a foxing or foxing-like band.

The applicable subheading for model “FI-Sport” will be 6402.99.3115, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for footwear with outer soles and uppers of rubber/plastics: other: having uppers of which over 90 percent of the external surface area is rubber/plastics including accessories or reinforcements, not having a foxing or foxing-like band and not protective: other: other: tennis shoes, basketball shoes, gym shoes, training shoes and the like, other, for men. The rate of duty 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 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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