The tariff classification of footwear from China

NY M86707 October 5, 2006 CLA-2-64:RR:NC:SP:247 M86707 CATEGORY: Classification TARIFF NO.: 6403.99.90 Ms. Irina Parker Avon Products Incorporated 1251 Avenue of the Americas New York, NY 10120-1196 RE: The tariff classification of footwear from China Dear Ms. Parker: In your letter received September 19, 2006 you requested a tariff classification ruling. The submitted half pair sample, identified as the “White Studded Mule Shoe”-PP #359360, is a women’s closed-toe, open-heel slip-on shoe with a leather upper that is decorated with a pattern of small shiny metal studs and some silver colored embroidery over the instep area. The shoe has a rubber/plastic outer sole and you state that it will be valued at over $2.50 per pair. The applicable subheading for the women’s shoe, identified as the “White Studded Mule Shoe”-PP #359360, will be 6403.99.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear, with upper’s predominately of leather and outer soles of rubber, plastics or composition leather; which is not “sports footwear”; which does not cover the ankle; which is valued over $2.50 per pair; for other persons. The rate of duty will be 10% 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/. We note that the submitted sample shoe is not marked with the country of origin. Therefore, if imported as is, the shoe 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