The tariff classification of footwear from China

N050819 February 12, 2009 CLA-2-64:OT:RR:NC:SP:247 CATEGORY: Classification TARIFF NO.: 6404.11.9020 Ms. Barbara Moore The Janel Group of New York, Inc. 150-14 132nd Avenue Jamaica, NY 11434 RE: The tariff classification of footwear from China Dear Ms. Moore: In your letter dated February 3, 2009, on behalf of Samsung America, Inc., you requested a tariff classification ruling for a submitted half pair sample of a men’s athletic-like shoe identified as style# TR139104M and style name Super T Canvas. The shoe is a stylized version of the traditional high-top canvas upper basketball sneaker, but with a somewhat higher upper topline shaft portion that is open at the front to reveal the shoe’s tongue. The shoe has a lace closure with round metal eyelets, a molded rubber/plastic toe cap with a toe bumper and a flexible rubber/plastic traction bottom/sole with an encircling rubber/plastic foxing tape that overlaps the upper. You have informed this office by telephone that the shoe will be valued at over $12 per pair. The applicable subheading for the men’s style# TR139104M, Super T Canvas shoe will be 6404.11.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with outer soles of rubber/plastics and uppers of textile material: Sports footwear; tennis shoes, basketball shoes, gym shoes, training shoes and the like: other: valued over $12 per pair. The rate of duty will be 20% 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." We are returning the sample as you requested. 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