The tariff classification of textile ballet shoes from Brazil and Taiwan.

NY F82251 February 2, 2000 CLA-2-64:RR:NC:TP:347 F82251 CATEGORY: Classification TARIFF NO.: 6404.20.40 Mr. Charles G. Hartill, LCHB Capital Transportation 147-217 175th street Jamaica, NY 11434 RE: The tariff classification of textile ballet shoes from Brazil and Taiwan. Dear Mr. Hartill: In your letter dated January 25, 2000, written on behalf of your client, Ballet Makers, Inc., you requested a tariff classification ruling. You have submitted a sample of what you state is a ballet shoe, “Pointe Shoe style #198.” You state that the shoe has a textile upper and leather sole. The shoe is valued at $13.00 per pair. You have provided a lab report that indicates the percentage of the shoe’s components by weight to be 45.44% textile, 37% metal, 31.09% leather, 23.10% fiberboard. The applicable subheading for the shoe will be 6404.20.40, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the upper’s external surface is predominately textile materials, in which the outer sole’s external surface is predominately leather or composition leather, in which the shoe, by weight, is not over 50% as a total of textile, rubber and plastic materials, and which is valued over $2.50 per pair. The rate of duty will be 10% ad valorem. We also note that the submitted sample is not marked with the country of origin. Therefore, if imported as is, the sample submitted will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the shoes 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.” The inside lining of the submitted sample is stamped with the words “Hand Crafted by Ballet Makers U.S.A.” Section 134.46 of the Customs Regulations (19 CFR 134.46) provides that in any case where the words “U.S.,” “American,” or any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on any imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and at least in a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same sides(s) or surfaces(s) in which the name or locality other than the actual country of origin appears. 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 212-637-7089. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division