The tariff classification of boots from China

PD H87603 February 16, 2002 CLA-2-64:LA:S:T:1:4:D27 H87603 CATEGORY: Classification TARIFF NO.: 6403.91.60, 6403.91.90 Mr. Frank Tien Amtrail, Inc. 4751 Littlejohn Street, Unit A Baldwin Park, CA. 91706 RE: The tariff classification of boots from China Dear Mr. Tien: In your letter dated February 5, 2002, on behalf of Amtrail Inc, you requested a tariff classification ruling for a pair of boots identified as style “9Point.” Style “9Point” is a unisex boot with a padded collar and a lace closure. The external surface area of the upper is made of textile and leather with leather being the predominate material. The sole is of rubber and/or plastic. The applicable subheading for style “9Point” in men’s sizes 8 1/2 and larger will be 6403.91.60, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface is predominately leather and the outer sole’s external surface is predominately rubber and/or plastics; which is other than “sports footwear” in which the top of the upper covers the ankle bone; in which the sole is attached to the upper by means other than welt stitched construction; and which is worn by men, youth and boys. The rate of duty will be 8.5 percent ad valorem. The applicable subheading for style”9Point” in men’s sizes 8 and smaller will be 6403.91.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface is predominately leather and the outer sole’s external surface is predominately rubber and/or plastics; which is other than “sports footwear”’ in which the top of the upper covers the ankle bone; in which the sole is attached to the upper by means other than welt stitched construction; and which is worn by females or is unisex. The rate of duty will be 10 percent ad valorem. 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." This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter or the control number indicated above should be provided with 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 regarding the ruling, contact Field National Import Specialist Rene LaRue at 562-366-5723 or National Import Specialist Richard Foley at 646-733-3042. Sincerely, Vera Adams Port Director Los Angeles-Long Beach Seaport