The tariff classification of footwear from China

N264370 May 18, 2015 CLA-2-64:OT:RR:NC:N3:447 CATEGORY: Classification TARIFF NO.: 6402.20.0000 Ms. Donna Nessmith CJCHT 602 NW B Street Bentonville, AR 72712 RE: The tariff classification of footwear from China Dear Ms. Nessmith: In your letter dated April 29, 2015 you requested a tariff classification ruling. The submitted sample, referred to as Item PB5526W, is a ladies size 6, open-toe/open heel flip-flop thong sandal. The “V” shaped strap upper consists of a single molded piece of rubber or plastics and a thong which goes between the first and second toes. The upper strap and thong are assembled to the sole by plugs which penetrate the outer sole. It features three spaced metal ornaments on the side of one strap, each secured in place to the upper by a single rivet. The metal ornaments are considered loosely attached appurtenances and are excluded from the external surface area of the upper calculation. The upper would still be considered “one piece molded.” The foamed rubber or plastics outer sole is approximately uniform in thickness, less than two inches thick and it does not have a separate insole. The applicable subheading for Item PB5526W 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 Stacey.Kalknies@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division