The tariff classification of footwear from China

N206279 March 23, 2012 CLA-2-64:OT:RR:NC:N4:447 CATEGORY: Classification TARIFF NO.: 6402.99.3145 Ms. Lucille De Nobrega OluKai 8955 Research Drive Irvine, CA 92618 RE: The tariff classification of footwear from China Dear Ms. De Nobrega: In your electronic ruling request submitted on December 15, 2011 and your follow up letter received by this office on February 28, 2012, you requested a tariff classification ruling. The submitted sample identified as style #10161, is a pair or men’s open toe/heel flip-flop thong sandals with rubber or plastics outer soles. The V-shaped strap uppers which are identified as 92.08% polyurethane in a “Test Report” by Intertek Testing Services, consist of polyurethane overlays stitched to textile substrates. These overlays, which are lasted under and cemented to the top of the mid-soles, add structural strength to the uppers and constitute the constituent material having the greatest external surface area. The applicable subheading for the men’s thong sandals, style #10161 will be 6402.99.3145, 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: having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): other: other: other: for men: other. The rate of duty will be 6 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 Stacey Kalkines at (646) 733-3042. Sincerely, Thomas J. Russo Director National Commodity Specialist Division