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NY N022034




January 29, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.4060

Mr. Erin Boyer
Midwest Quality Gloves, Inc.
P.O. 260
Chillicothe, MO 64601

RE: The tariff classification of footwear from China

Dear Mr. Boyer:

In your letter dated January 8, 2008 you requested a tariff classification ruling.

The submitted sample, no style name or number indicated, is described as a women’s slip-on “nylon/rubber clog” shoe that has a closed-toe and open-heel and an upper that you state is mostly of rubber/plastics. We note that the shoe has stretch knit textile fabric side panels and a topline opening trimmed with a textile edging, so that textile materials readily account for more than 10% of the external surface area of the upper. The shoe also has a rubber/plastic toe portion, a rubber/plastic outsole and a rubber/plastic sidewall foxing band.

The applicable subheading for this “nylon/rubber clog” shoe will be 6402.99.4060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear, in which both the upper’s and outer sole’s external surface is predominately rubber and/or plastics; which is not “sports footwear”; which does not cover the ankle; in which the upper’s external surface area does not measure over 90% rubber or plastics (including accessories or reinforcements); other; which has open toes or open heelsfor women. The rate of duty will be 37.5% 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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