The tariff classification of footwear from Portugal

NY L81191 December 14, 2004 CLA-2-64:RR:NC:247: L81191 CATEGORY: Classification TARIFF NO.: 6404.19.35 Mr. Anthony Fondacaro T.H. Weiss Inc., Customs house Brokers 2 Johnson Road Lawrence, NY 11559 RE: The tariff classification of footwear from Portugal Dear Mr. Fondacaro: In your letter dated December 03, 2004, you requested a tariff classification ruling on behalf of Dansko Inc. The sample, which you do not identify with a style number, is a woman’s slip-on clog with an outer sole of rubber/plastics and an upper of textile material. The applicable subheading for the clog will be 6404.19.35 Harmonized Tariff Schedule of the United States, (HTS), which provides for footwear with outer soles of rubber/plastics and uppers of textile material, other, footwear of the slip-on type, other. The general rate of duty will be 37.5 percent ad valorem. The submitted sample is not marked with the country of origin. Therefore, if imported as is, it 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." 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