The tariff classification of footwear from China

N014968 August 9, 2007 CLA-2-64:RR:SP:247 CATEGORY: Classification TARIFF NO.: 6402.99.4040 Ms. Carolyn B. Malina Lands’ End, Inc. 2 Lands’ End Lane Location #22-290 Dodgeville, WI 53595 RE: The tariff classification of footwear from China Dear Ms. Malina: In your letter dated July 25, 2007, you requested a tariff classification ruling for a fisherman sandal with an outer sole and upper of predominantly rubber/plastics material identified as Style #283309. The submitted sample is an open heel sandal with an outer sole of rubber/plastics and an upper of rubber/plastics with textile material straps attached to a bungee-cord toggle closure. You have submitted an independent laboratory report indicating that rubber/plastics material accounts for 57.22 percent of the external surface area of the upper. The applicable subheading for Style #283309 will be 6402.99.4040, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for footwear with outer soles and uppers of rubber/plastics: other: other: footwear with open toes or open heels: other. The rate of duty will be 37.5 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