The tariff classification of footwear

NY M86583 October 18, 2006 CLA-2-64:RR:NC:SP:247: M86583 CATEGORY: Classification TARIFF NO.: 6402.20.00 Ms. Abigail Mugrage Abercrombie & Fitch P.O. Box 182168 Columbus, OH 43218 RE: The tariff classification of footwear Dear Ms. Mugrage: In your letter dated September 22, 2006, you requested a tariff classification ruling for a rubber/plastics sandal identified as “1M0786.”       The submitted sample is a thong style sandal with an outer sole and upper of rubber/plastics. The “Y” shaped upper is attached to the sole by means of plugs. The sole is composed of three layers of rubber/plastics material, the upper layer of which is more than 1/32” thick. The sole is of uniform thickness. In this regard, the sample meets the definition for “zoris” footwear as described in T.D. 93-88 (FOOTWEAR DEFINITIONS) dated October 25, 1993. The applicable subheading for “1M0786” will be 6402.20.00, Harmonized Tariff Schedule of the United States, (HTS), which provides for footwear with outer soles and uppers of rubber/plastics, other, footwear with upper straps or thongs assembled to the sole by means of plugs (zoris). The general rate of duty will be free. 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