The tariff classification of footwear from China

N250390 February 26, 2014 CLA-2-64:OT:RR:NC:N4:447 CATEGORY: Classification TARIFF NO.: 6404.19.9060 Mr. Ian Weintraub Empire Customs Brokerage 168-01 Rockaway Blvd., Room 201 Jamaica, NY 11434 RE: The tariff classification of footwear from China Dear Mr. Weintraub: In your electronic ruling request submitted on January 29, 2014 and your follow-up letter received on February 14, 2014 you requested a tariff classification ruling on behalf of your client, Alexander Wang. The submitted half-pair sample identified as style “Jess,” is a women’s sneaker with a molded rubber or plastics sole which overlaps the upper by the requisite ¼ of an inch, thereby constituting a foxing-like band. The upper is predominately textile mesh material and does not cover the ankle. The sneaker is lightweight and flexible and secures itself to the wearer’s foot with lacing, but does not provide the support required for athletic footwear. You provided an F.O.B. value over $12/pair. The applicable subheading for the women’s sneaker, style “Jess” will be 6404.19.9060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: footwear with outer sloes of rubber or plastics: other: other: valued over $12/pair: for women. The rate of duty will be 9% ad valorem. 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 (646) 733-3042. Sincerely, Gwenn Klein-Kirschner Acting Director National Commodity Specialist Division