THE COUNTRY OF ORIGIN MARKING OF FOOTWEAR

N248771 January 15, 2014 MAR-2 OT:RR:NC:4:447 CATEGORY: MARKING Ms. Dalia A. Moncivais Daniel B. Hastings, Inc. P.O. Box 673 Laredo, TX 78042-0673 RE: THE COUNTRY OF ORIGIN MARKING OF FOOTWEAR Dear Ms. Moncivais: This is in response to your electronic ruling submitted on October 25, 2013 and your follow-up letter dated December 13, 2013 requesting a classification and country of origin marking ruling on behalf of your client, ACS Industries, Inc. An unmarked sample was submitted with your letter for review. The submitted sample identified as style name “Scrubble Silicone Boots,” is a pair of “unisex” slip-on molded rubber or plastics shoe covers with uppers that do not cover the ankle. Sewn to the bottom of the forefoot and heel sections of the outer soles is Velcro®, to which one inch thick textile cleaning pads attach. You state that the silicone shoe covers are made in China, the Velcro is made in Canada and the non-woven floor cleaning pads are made in Mexico, all of which are assembled into a kit and packaged into a cardboard box labeled “Assembled in Mexico.” The kit contains one pair of shoe covers with the Velcro® sewn to the bottom of the soles and two sets of non-woven replacement cleaning pads. This kit is considered a set, the essential character of which is imparted by the footwear and will thereby be classified as such. In a subsequent communication with our office, you state that these shoe covers are designed to be worn over existing footwear and only with the cleaning pads attached. Their primary function is to clean floors while worn. You suggest that these shoe covers be classified under 6401.92.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for waterproof footwear with outer soles and uppers of rubber or plastics. We disagree with this suggested classification since the cleaning pads which represent the outer soles are considered textile material. The applicable subheading for the unisex slip-on shoe covers, style name “Scrubble Silicone Boots” will be 6405.90.9000, HTSUS, which provides for other footwear: in which the upper is neither leather nor textile; other. The rate of duty will be 12.5% ad valorem. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. The proposed marking of the imported footwear kit labeled “Assembled in Mexico” is not marked in satisfaction of the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The correct country of origin marking for this item is “Made in China.” This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division