The tariff classification of footwear from China.

NY I84190 July 30, 2002 CLA-2-64:RR:NC:347:I84190 CATEGORY: Classification TARIFF NO.: 6402.99.18, 6402.99.70 Ms. Jennifer L. Citrone The Stride Rite Corporation 191 Spring Street P.O. Box 9191 Lexington, MA 02420-9191 RE: The tariff classification of footwear from China. Dear Ms. Citrone: In your letter dated July 15, 2002, you requested a classification ruling for two styles of footwear. You have submitted samples of style no. T10466 and T10467. You state that the only difference between the styles is the color. You also state that the value for both styles is $6.50/pair. The shoe is described as a child’s Tommy Hilfiger two-strap hiker. The outer sole and upper are rubber/plastics. The unit-molded outer sole overlaps the upper by 1/8 inch around the entire shoe. In this regard, American infants and children’s sizes 0-7.5 exhibit a foxing-like band. The applicable subheading for style T10466 and T10467 in sizes larger than American infants and children’s size 7.5 will be 6402.99.18 (HTS), which provides for footwear with outer soles and uppers of rubber/plastics, having uppers of which over 90 percent of the external surface area is rubber/plastics, not having foxing or a foxing-like band, other. The rate of duty will be 6 percent ad valorem. The applicable subheading for style T10466 and T10467 in American infants and children’s sizes 0-7.5 will be 6402.99.70, Harmonized Tariff Schedule of the United States, (HTS) which provides for footwear with outer soles and uppers of rubber/plastics, other, not covering the ankle, other, valued over $3 but not over $6.50/pair. The rate of duty will be 90 cents/pair plus 20 percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). The submitted samples are not marked with the country of origin. Therefore, if imported as is, 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." 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, National Commodity Specialist Division