The tariff classification of footwear from China

N059600 May 11, 2009 CLA-2-64 OT:RR:NC:N4:447 CATEGORY: Classification TARIFF NO.: 6402.99.3165 Ms. Cathy St. Cyr Ao2 59 Park Street Beverly, MA 01915 RE: The tariff classification of footwear from China Dear Ms. St. Cyr: In your letter dated April 30, 2009 you requested a tariff classification ruling for a folding thong sandal identified as “Bfflz.” One side of the item is identified as 100% polyester (textile material) and the other side is identified as 100% EVA (ethylene vinyl acetate). The item is designed with cuts allowing part of the rear portion to be folded over and attached to a toe thong thereby creating a footwear item. When folded into its footwear position the textile portion faces the foot and the EVA portion becomes the outer sole and external surface area of the upper. The applicable subheading for the footwear item identified as “Bfflz” will be 6402.99.3165, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with outer soles and uppers of rubber or plastics: other: other: having uppers of which over 90 percent of the external surface area (including accessories or reinforcements) is rubber or plastics, not having a foxing or foxing-like band and not protective: other: other: for women, other. The rate of duty will be 6 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