The tariff classification of footwear from China.

N033014 July 23, 2008 CLA-2-64:RR:SP:247 CATEGORY: Classification TARIFF NO.: 6404.19.3540 Mr. Garry Gallegos Clear Freight, Inc. 880 Apollo Street, Suite 101 El Segundo, CA 90245 RE: The tariff classification of footwear from China. Dear Mr. Gallegos: In your letter received on July 10, 2008, you requested a tariff classification ruling on behalf of Volcom, Inc., for thong sandal identified as “The Resistan.” The submitted sample is a man’s size 9, open toe/heel, thong sandal with an outer sole of rubber/plastics and an upper of textile materials. The applicable subheading for “The Resistan” will be 6404.19.3540, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for footwear with outer soles of rubber/plastics and uppers of textile material: other: footwear with open toes or open heels: other: other, for men. The general 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