The tariff classification of three athletic shoes from China

PD E83805 June 29, 1999 CLA-2-64.-NO:TC:FNIS D09 CATEGORY: Classification TARIFF NO.: 6402.99.70 Victor Hahn Hahn International Inc. 10926 S. La Cienega Blvd. Inglewood, CA 90304 RE: The tariff classification of three athletic shoes from China Dear Mr. Hahn: In your letter received in our New York office on June 22, 1999, you requested a tariff classification ruling, on behalf of your client, Capital Development Group. You submitted three samples which are all athletic shoes labeled Styles G98318-NY, G99210-NY and Rapier-NY. All three are below the ankle and have uppers of man made polyvinyl chloride and textile with rubber outsoles and foxing-like bands and air bags. You state the FOB price is $5 per pair. We note that the submitted samples are not marked with the country of origin. Therefore if imported as is, the samples will not meet the country of origin marking requirements of 19 U.S.C. §1304. Accordingly, the shoes would not be considered 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." The applicable subheading for the above shoes will be 6402.99.70, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's external surface is predominantly rubber and/or plastics (note that an accessory or reinforcement stitched on top of another material is not part of the upper's external surface but the material hidden underneath is); in which the outer sole's external surface is predominately rubber and/or plastics; which is other than "sports footwear"; which does not have a protective metal toe-cap; in which the top of the upper is below the top of the ankle bone; which is not designed to be a protection against water, oil, or cold or inclement weather; which has a foxing-like band; and which is valued, we assume, over $3.00 but not over $6.50 per pair. The rate of duty will be 90 cents per pair plus 37.5 percent ad valorem. 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. Sincerely, Allen H. Paterson Port Director New Orleans, LA