The tariff classification of women’s athletic shoe from China

N105061 May 26, 2010 CLA-2-64:OT:RR:NC:N4:447 CATEGORY: Classification TARIFF NO.: 6404.11.9050 Mr. Darren Yokopenic HSN One HSN Drive St. Petersburg, FL 33729 RE: The tariff classification of women’s athletic shoe from China Dear Mr. Yokopenic: In your letter dated April 30, 2010, you requested a tariff classification ruling. The submitted sample, identified as HSN item no. 204151-cross trainers, are women’s athletic type shoes with lace closures and predominately textile material uppers that do not cover the ankle. The shoe uppers have leather toe-caps, leather eyelet stays and leather at the back behind the heels. The shoes also have rubber/plastic outer soles. You state that the pair will be valued at over $12.00. The applicable subheading for item no. 204151-cross trainers, will be 6404.11.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear, in which the upper’s external surface is predominately textile materials (excluding accessories and reinforcements); which has outer soles of rubber or plastics; which is tennis shoes, basketball shoes, gym shoes, training shoes and the like; and which is valued over $12 per pair...for women. 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, 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 Stacey Kalkines at (646) 733-3042. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division