The tariff classification of footwear from China

N084415 December 3, 2009 CLA-2-64:OT:RR:NC:N4:447 CATEGORY: Classification TARIFF NO.: 6402.99.6030 Mr. Troy Clarke CBT International, Inc. 249 East Ocean Blvd., Suite 650 Long Beach, CA. 90802 RE: The tariff classification of footwear from China Dear Mr. Clarke: In your letter dated October 30, 2009 you requested a tariff classification ruling on behalf of Fermiano Revolution, Inc. for men’s training shoes. The submitted sample, which you identify as a men’s training shoe, model #40, is a below the ankle shoe that has an upper composed predominately of rubber/plastics with a portion of the vamp and each side containing a textile material. This textile material accounts for more than 10% of the external surface area of the upper. The shoe has a foxing or a foxing-like band which overlaps the upper by ¼ of an inch and an outer sole composed of rubber/plastics. In a telephone conversation with this office, you stated that the F.O.B. value is $2.85. The applicable subheading for model #40, men’s training shoe will be 6402.99.6030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with outer soles and uppers of rubber or plastics: other footwear: other: other: other: not having uppers of which over 90 percent of the external surface area (including accessories or reinforcements) is rubber or plastics: valued not over $3.00/pair: other: for men. The rate of duty will be 48%. 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