The tariff classification of footwear from China

N020920 January 10, 2008 CLA-2-64:OT:RR:NC:SP:247 CATEGORY: Classification TARIFF NO.: 6402.99.7030, 6402.99.7060, 6402.99.7090 Mr. Jerry Wertman Future Sales-International, LLC 300C South Westgate Drive Greensboro, NC 27407 RE: The tariff classification of footwear from China Dear Mr. Wertman: In your letter dated December 7, 2007 you requested a classification ruling for three footwear samples identified as Style MNSPR08 – men’s sneaker, Style SPR08 – women’s sneaker and BYSPR08 – boy’s sneaker. The submitted samples are below-the-ankle, lace-up athletic shoes having outer soles and uppers of rubber/plastics. The shoes have molded outer soles that overlap the upper and are foxing or foxing-like bands. You have provided a value ranging between $3.70 and $4.50/pr. The applicable subheading for Style MNSPR08 – men’s sneaker will be 6402.99.7030, Harmonized Tariff Schedule of the United States (HTSUS), The applicable subheading for Style SPR08 – women’s sneaker will be 6402.99.7060 HTSUS and the applicable subheading for Style BYSPR08 – boy’s sneaker will be 6402.99.7090, which provides for footwear with outer soles and uppers of rubber or plastics: other: other: valued over $3 but not over $6.50/pair. The duty rate will be 90 cents/pair plus 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 samples are not marked with the country of origin. Therefore, if imported as is, they 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