The tariff classification of footwear produced in El Salvador and the eligibility for preferential treatment under the Dominican Republic – Central America Free Trade Agreement (DR-CAFTA).

N259077 December 5, 2014 CLA-2-64:OT:RR:NC:N4:447 CATEGORY: Classification TARIFF NO.: 6404.19.3940, 6404.19.3960 Mr. Reynaldo Vasquez ADI Footwear Calle El Mirador, No. 5546, Colonia Excalon, San Salvador, El Salvador RE: The tariff classification of footwear produced in El Salvador and the eligibility for preferential treatment under the Dominican Republic – Central America Free Trade Agreement (DR-CAFTA).  Dear Mr. Vasquez:This letter replaces N249242 that was issued to you on January 27, 2014. On October 23, 2014, you informed us that the style names and sku numbers for two styles of the sandals that were the subject of N249242 have changed. The Original Flip Sandal, SKU #1004386, changed to Classic Flip Men, SKU 1009035, and The Original Flip Sandal Women’s, SKU #1004408, changed to Classic Flip Women’s, SKU 1009038. All the other information remains the same. The style names and sku numbers have been changed in the text below. The submitted sample identified as style Classic Flip Men, SKU 1009035, is a men’s sandal with a rubber or plastics sole/outer sole and a textile material strap upper. You state that the upper and sole components are produced in countries other than El Salvador (or other CAFTA countries) and assembled in El Salvador. The Manufacturer Certificate of Origin Affidavits provided by you for the non-originating materials suggest that at the time of importation into El Salvador, these materials would be classified under various subheadings of the Harmonized Tariff Schedule of the United States (HTSUS). You also provided a Manufacturer’s Certificate of Origin Affidavit from the factory in El Salvador stating that the sandal “is produced entirely in the territory of one or more of the CAFTA-DR Parties and each of the non-originating materials used in the production of the good undergoes an applicable change in tariff classification.” The various sandal components classified in heading 6406 are further manufactured onto finished footwear classified in heading 6404.  In your letter, you state that a women’s version of the men’s sandal described above will be manufactured exactly the same and have identified it as style Classic Flip Women’s, SKU 1009038. The applicable subheading for the men’s sandal identified as style Classic Flip Men, SKU 1009035 will be 6404.19.3940, HTSUS, which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: footwear with outer soles of rubber or plastics: other: footwear with open toes or open heels; footwear that is not less than 10 percent by weight of rubber or plastics: other: other: for men. The general rate of duty will be 37.5% ad valorem. The applicable subheading for the women’s sandal identified as style Classic Flip Women’s, SKU 1009038 will be 6404.19.3960, HTSUS, which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: footwear with outer soles of rubber or plastics: other: footwear with open toes or open heels; footwear that is not less than 10 percent by weight of rubber or plastics: other: other: for women. The general rate of duty will be 37.5% ad valorem. General Note 29, HTSUS, sets forth the criteria for determining whether a good is originating under the U.S./DR-CAFTA. General Note 29(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good under the terms of this note if— (i) the good is a good wholly obtained or produced entirely in the territory of one or more of the parties to the Agreement; (ii) the good was produced entirely in the territory of one or more of the parties to the Agreement, and— (A) each of the non-originating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; … Based on the facts provided, the sandals described above qualify for U.S./DR-CAFTA preferential treatment because they will meet the requirements of HTSUS General Note 29(b)(ii)(A) and 29(n) Chapter 64, Chapter Rule 1(2), which states “a change to any other tariff item of Chapter 64 from any other subheading.” The sandals will therefore be entitled to a free rate of duty under the U.S./DR-CAFTA upon compliance with all applicable laws, regulations, and agreements. 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/.  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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division