The tariff classification of footwear from China

N072278 August 19, 2009 CLA-2-64:OT:RR:NC:N4:447 CATEGORY: Classification TARIFF NO.: 6404.19.3560 Ms. Christine Chen Rocketdog Brands LLC 24610 Industrial Blvd. Hayward, CA 94545 RE: The tariff classification of footwear from China Dear Ms. Chen: In your letter dated August 12, 2009 you requested a tariff classification ruling for a women’s shoe identified as Coco. The submitted sample is a women’s size 6 slip-on shoe with an upper of textile material. You identify the outer sole as jute/rubber. It is the opinion of this office that the constituent material of the outer sole comprising the greatest external surface area in contact with the ground is rubber/plastics. The shoe has a decorative textile ribbon lace and a jute material band around the perimeter of the shoe where the outer sole and upper meet. The applicable subheading for the shoe identified as Coco will be 6404.19.3560, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with outer soles of rubber or plastics and uppers of textile material: other: footwear of the slip-on type, other. The 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