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NY N020910




December 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.99.9065

Ms. Tina Fang
Steve Madden, Inc.
52-16 Barnett Ave.
Long Island City, NY 11104

RE: The tariff classification of footwear from China

Dear Ms. Fang:

In your letter received December 14, 2007 you requested a tariff classification ruling.

The submitted sample, identified as Style “Batikk,” is a women’s open-toe, open-heel sandal with a predominately leather material upper consisting of several crisscrossing straps, a central leather vamp strap with glass bead and stone accessories or reinforcements and a leather ankle strap with a buckle closure. The leather upper straps also feature a decorative pattern of widely spaced single thread rows of textile stitching. The sandal has a rubber/plastic outer sole and you have informed this office by telephone that it will be valued at over $2.50 per pair.

The applicable subheading for the sandal, Style Batikk, will be 6403.99.9065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with upper’s predominately of leather and outer soles of rubber, plastics or composition leather; which is not “sports footwear”; which does not cover the ankle; for other persons; valued over $2.50 per pairfor women. 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."

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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