The tariff classification of footwear from China.

NY M84679 July 19, 2006 CLA-2-64:RR:NC:247: M84679 CATEGORY: Classification TARIFF NO.: 6405.90.90 Mr. Troy D. Crago Atico International USA, Inc. 501 South Andrews Avenue Ft. Lauderdale, FL 33301 RE: The tariff classification of footwear from China. Dear Mr. Crago: In your letter dated June 29, 2006, you requested a tariff classification ruling for a wooden beaded sandal. You have submitted a sample of style C020BA04193. The submitted sample is an open toe, open heel, thong sandal with an outer sole of rubber or plastics and an upper composed of strung-together wood beads. The wood beads comprise the external surface area of the shoes upper. A leather flower ornament is sewn to the upper. The applicable subheading for style C020BA04193 will be 6405.90.90 Harmonized Tariff Schedule of the United States, (HTSUS), which provides for other footwear: other. The rate of duty will be 12.5 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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