The tariff classification of footwear from Vietnam.

NY K85068 May 7, 2004 CLA-2-64: RR: NC: SP: 247 K85068 CATEGORY: Classification TARIFF NO.: 6401.92.90 Mr. Andrew Gerard Aries International Inc. Hook Creek Industrial Park - Bldg. A3A 145 Hook Creek Blvd. Valley Stream, NY 11581 RE: The tariff classification of footwear from Vietnam. Dear Mr. Gerard: In your letter dated April 13, 2004, on behalf of your client Greene Le Consulting & Trade Corporation, you requested a tariff classification ruling. The submitted half-pair sample, identified as Style 3061C, is a man’s one-piece molded, 4 ½-inches high, waterproof shoe/boot cover that covers the ankle. You state that the shoe/boot cover is made of 100% rubber and is used exclusively in the nuclear industry as part of an anti-contamination protective suit. The applicable subheading for Style 3061C, will be 6401.92.90, Harmonized Tariff Schedule of the United States (HTS), which provides for waterproof footwear with outer soles and uppers of rubber or plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes, footwear covering the ankle but not covering the knee, in which materials other than polyvinyl chloride (PVC) are used in the construction/lining of the boot. The rate of duty will be 37.5% ad valorem. Additionally, the submitted shoe/boot cover is 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 insoles 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." We are returning the sample as requested. 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 646-733-3042. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division