The tariff classification of footwear from China

N107650 June 8, 2010 CLA-2-64:OT:RR:NC:N4:447 CATEGORY: Classification TARIFF NO.: 6402.20.0000 Ms. Andrea Painter Abercrombie & Fitch P.O. Box 182168 Columbus, OH 43218 RE: The tariff classification of footwear from China Dear Ms. Painter: In your letter dated May 25, 2010 you requested a tariff classification ruling for a pair of zoris. The submitted sample identified as style no. 3M2034, is a pair of women’s open-toe/open-heel sandals. The “Y” shaped strap uppers consist of a single molded piece of rubber or plastic as the soles and a thong which go between the first and second toes. They are secured to the soles with plugs at the end of the straps and thongs that penetrate the outer soles. There is a plastic heart-shaped ornament attached to the center of each upper by means of two stitches. The soles are not of uniform thickness, but the thickest point is neither more than 3/8 of an inch thicker than the thinnest point nor more than 35 percent thicker than the thinnest point. They do not have separate insoles. The applicable subheading for the sample identified as style no. 3M2034 will be 6402.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with outer soles and uppers of rubber or plastics: footwear with upper straps or thongs assembled to the sole by means of plugs (zoris). The rate of duty will be Free. 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