The tariff classification of footwear from China

N030408 June 23, 2008 CLA-2-64:RR:NC:SP:247 CATEGORY: Classification TARIFF NO.: 6402.99.3165 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 2, 2008 you requested a tariff classification ruling. The submitted half pair sample, identified as Item # A020BA01723, is a women’s open-toe, open-heel slip-on sandal with a unit molded rubber/plastic “V” configured strap upper and toe-thong. The rubber/plastic material upper also has a heart shaped metal and glass pendant dangling from a floppy textile bow that is attached to the surface of the upper at a single central point by stitching. The decorative textile bow with its metal and glass pendant is a loosely attached appurtenance and it will be excluded from all external surface area upper material measurements. The sandal has an EVA plastic material wedge shape bottom/sole, measuring approximately 1½-inches in thickness at the heel and about ¾-inch in thickness at the front by the toes. The applicable subheading for the women’s sandal, Item # A020BA01723, will be 6402.99.3165, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear, in which both the upper's and outer sole's external surface is predominately rubber and/or plastics; which does not cover the ankle; in which the upper's external surface area measures over 90% rubber and/or plastics (including accessories or reinforcements); which does not have a foxing-like band; and which is not designed to be a protection against water, oil, grease or chemicals or cold or inclement weather. The rate of duty will be 6% 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, the footwear 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