Classification of footwear.

PD G84688 December 11, 2000 CLA-2-64:D11: G84688 CATEGORY: Classification TARIFF NO.: 6405.90.90 Ms. Sharon Sacks Traffic Coordinator BBC International, Ltd. 1515 N. Federal Highway Boca Raton, Florida 33432 RE: Classification of footwear. Dear Ms. Sacks: In your recent letter, dated November 20, 2000, you requested a tariff classification on a shoe to be produced in China. The submitted sample, style TSN40421, is a girl’s open heel open toe shoe. You state the upper is made from genuine raffia. The outer sole is produced from rubber and/or plastic. The submitted sample is not marked with the country of origin. Therefore, if imported as is, the shoe will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the shoe 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”. Your sample is being returned to you under separate cover. The applicable subheading for the submitted sample will be 6405.90.90, Harmonized Tariff Schedule of the United States, HTS, which provides for footwear, in which the upper’s external surface is predominately other than leather, composition leather, rubber and/or plastics or textile materials. The rate of duty will be 12.5 percent ad valorem. A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. If you have any questions pertaining to this ruling, please contact Field National Import Specialist Anthony Cataldo at 617-565-6126 or National Import Specialist Richard Foley at 212-637-7089. Sincerely, Elaine K. Kwiecien Acting Port Director Boston