The tariff classification of footwear made in Malaysia.

NY D82305 October 9, 1998 CLA-2-64:RR:NC:TA:347 D82305 CATEGORY: Classification TARIFF NO. 6404.19.70, 6404.19.80, 6404.19.90. Ms. Rosemary Hilferty Kuehne & Nagle, Inc. Folcroft East Business Park Elmwood Court IV, Ste.678 Sharon Hill, PA 19079 RE: The tariff classification of footwear made in Malaysia. Dear Ms. Hilferty: In your letter dated September 8, 1998 you requested a classification ruling on behalf of your client VWR Scientific Products for three styles of footwear. You describe the items as "cleanroom footwear". The items submitted are identified in your letter as: Series B0720 : Boot with rigid static dissipative sole, elastic top closure with snaps, buckle at ankle. Series BB0720 : Boot with rigid tan sole, elastic top, closure with snaps, buckle at ankle, Strap at toe. Series B0124 : Boot with conductive sole, internal conductive ribbon, front polycoil zip, snap closure, elastic at ankle and across top of toe. You further explain that the principle use is to prevent contamination of the cleanroom environment. You state that the rubber/plastic outer soles are a product of the United States which are shipped to Malaysia for assembly to the fabric upper. The fabric is 100 percent polyester, constructed of continuous filament yarn. You have not provided value information for these items as requested by this office. Therefore we will provide Harmonized Tariff Schedule of the United States (HTS), classification based upon our estimate of the value. The applicable subheading for these styles if valued over $3 but not over $6.50/pair will be 6404.19 70. (HTS), which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials, other. The rate of duty will be 90 cents/pair plus 37.5 percent ad valorem. The applicable subheading for these styles if valued over $6.50 but not over $12/pair will be 6404.19 80. (HTS), which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials, other. The rate of duty will be 90 cents/pair plus 20 percent ad valorem. The applicable subheading for these styles if valued over $12/pair will be 6404.19 90. (HTS), which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials, other. The rate of duty will be 11.2 percent ad valorem. The submitted samples are not marked with the country of origin. Therefore, if imported as is, 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 this ruling letter 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 this ruling, contact National Import Specialist, Richard Foley at (212) 466-5890. Sincerely, Robert Swierupski Director, National Commodity Specialist Division