The tariff classification of footwear from China

NY L86147 August 2, 2005 CLA-2-64:RR:NC:SP:247 L86147 CATEGORY: Classification TARIFF NO.: 6405.90.90 Ms. Ladonna D. Akins Phoenix International Freight Services, Ltd. 4659 World Parkway Circle St. Louis, MO 63134-3115 RE: The tariff classification of footwear from China Dear Ms. Akins: In your letter dated July 13, 2005, on behalf of Footwear Unlimited Inc., you requested a tariff classification ruling. The submitted half pair sample, identified as Style #BT-S0661750-15, is a women’s open-toe, open-heel, slip-on sandal with an upper that you have identified by an attached “specification sheet” as of “natural raffia.” For the purpose of this ruling and based on your attached claims and specifications, we will presume that the external surface area of this sandal’s upper predominately consists of a woven natural plaiting material. The shoe also has a rubber/plastic insole and a molded rubber/plastic outer sole. The predominately natural raffia material external surface area of the upper has some decorative wood beads and small round or square metal studs. The applicable subheading for the women’s shoe, identified as Style #BT-S0661750-15, will be 6405.90.90, Harmonized Tariff Schedule of the United States (HTS), which provides for other footwear, other, other. The duty rate will be 12.5% ad valorem. We note that the submitted shoe is not marked with the country of origin. Therefore, if imported as is, the shoes will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the shoes will 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.” 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