The tariff classification of footwear from Brazil

N258895 November 20, 2014 CLA-2-64:OT:RR:NC:N3:447 CATEGORY: Classification TARIFF NO.: 6402.20.0000 Ms. Elizabeth T. Weinzierl-Gutmann Savino Del Bene U.S.A. Inc. 149-10 183rd Street Jamaica, NY 11413 RE: The tariff classification of footwear from Brazil Dear Ms. Weinzierl-Gutmann: In your letter dated October 7, 2014, you requested a tariff classification ruling on behalf of Alpargatus USA DBA Havaianas. As requested the samples are being returned. The instant samples, identified as Havaianas brand, Kids Max Herois # 4130302 and Top Camuflada # 4130300, are open-toe/open-heel flip-flop thong sandals. Both styles have rubber or plastics “Y” or “V” shaped strap uppers consisting of a single molded piece of rubber or plastics and a thong which goes between the first and second toes. The upper straps and thong are assembled to the sole by means of plugs which penetrate the outer sole. The logo “havaianas” has been molded onto the sides of the straps. The foot beds of the Kids Max Herois # 4130302 are printed with a Batman character theme. The Top Camuflada # 4130300 foot beds have a grey camouflage motif. The rubber or plastics sole is approximately uniform in thickness. 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 Kids Max Herois # 4130302 and Top Camuflada # 4130300 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/. Please note the submitted samples do not meet the country of origin marking requirements of 19 U.S.C. 1304. 19 C.F.R. 134.11 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.” The placement of the country of origin under the strap, in especially small typeset, in non-contrasting color, and very closely situated to foreign writing, is not considered legible or conspicuous. The country of origin writing on the hang tag is too small and sometimes covered by another label. Also, the country of origin label on the outer sole of one of the shoes (both shoes must be marked) is not securely attached. Accordingly, the footwear would be considered not legally marked. 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 Stacey.Kalkines@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division