The tariff classification of footwear from China

N093156 February 16, 2010 CLA-2-64:OT:RR:NC:N4:447 CATEGORY: Classification TARIFF NO.: 6404.19.9030 Ms. Yan Wu The Basketball Marketing Company dba AND1 101 Enterprise, Suite 100 Aliso Viejo, CA 92656 RE: The tariff classification of footwear from China Dear Ms. Wu: In your letter dated January 25, 2010 you requested a tariff classification ruling for two men’s casual shoes. The submitted samples, Style D478M and Pattern #100809-GC1 which you identify as casual shoes, are men’s size 9 below-the-ankle slip-on shoes. The outer sole of each shoe is composed of rubber/plastics and has an approximately ten inch long “vent” groove molded into it. The constituent material having the greatest external surface area of the upper of each shoe is textile materials. Both shoes incorporate a foxing or foxing-like band, wholly or almost wholly of rubber or plastics, applied or molded at the sole and overlapping the upper. In a telephone conversation with this office, you provided an F.O.B. value of over $12.00/pair for each shoe. You also provided a suggested classification of 6404.19.9030. We agree with this classification. The applicable subheading for Style D478M and Pattern #100809-GC1, men’s casual shoes will be 6404.19.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with outer soles of rubber/plastics, leather or composition leather and uppers of textile materials: other: other: valued over $12.00/pair: for men. The rate of duty will be 9% 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 samples are not marked with the country of origin. Therefore, if imported as is, they 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 Stacey Kalkines at (646) 733-3042. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division