The tariff classification of rigid plastic insole inserts from China.

NY H80636 May 15, 2001 CLA-2-64:RR:NC:TA:347 H80636 CATEGORY: Classification TARIFF NO.: 6406.99.3060 Ms. Maria Da Rocha D&D Customhouse Brokerage 701 Newark Ave., Suite LL1 Elizabeth, NJ 07208 RE: The tariff classification of rigid plastic insole inserts from China. Dear Ms. Da Rocha: In your letter dated March 30, 2001 and received by this office on May 3, 2001, on behalf of your client, Products of Tomorrow, you requested a tariff classification ruling. The submitted samples are two pairs of preformed rigid plastic arch supporting footbed shoe inserts, which you identify as “Orthodics.” One pair (white) consists of a left and a right foot fit, while the other pair (gray) marked “Logo Version A” are both right foot fitting. These shell-like plastic inserts, approximately 6-inches in length, are shaped and sized for general fit and in use the item is placed directly into the shoe and aligned to fit under the wearer’s heel and arch, or possibly under a removable insole. The applicable subheading for these plastic arch support shoe inserts will be 6406.99.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of footwear, which are removable insoles or heel cushions or the like, and which are of rubber and/or plastics. The rate of duty will be 5.3% 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. We note that the samples you have provided for this ruling request have not been marked with the country of origin. Therefore, if imported as is, these arch support shoe inserts will not meet the country of origin marking requirements of the marking statute and will be considered not legally marked. We are returning the sample as you requested. 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 Richard Foley at 212-637-7089. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division