CLA-2-64:OT:RR:NC:N4:447
Ms. Doreen Rizzo
Converse
One High Street
North Andover, MA 01845
RE: The tariff classification of footwear from China
Dear Ms. Rizzo:
In your letter dated October 16, 2012 you requested a tariff classification ruling.
The submitted half-pair sample identified as style “Jack Purcell LTT Ox,” is a “unisex” lace-up sneaker with a rubber or plastics outer sole and a textile upper which does not cover the ankle. You state that the sneaker does not possess the characteristics found in athletic footwear and suggest that it be classified under subheading 6404.19., Harmonized Tariff Schedule of the United States (HTSUS). We agree with this contention. You stated in subsequent correspondence that the F.O.B. value is over $12.00/pair.
The applicable subheading for the “unisex” sneaker, style “Jack Purcell LTT Ox” will be 6404.19.9060, HTSUS, which provides for footwear with outer soles of rubber/plastics, leather or composition leather and uppers of textile materials: other: other: valued over $12.00/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/.
Since females typically wear all types of footwear worn by males, Customs and Border Protection has adopted the following approach in classifying “unisex” footwear. If it has not been established that the same shoe is available in the U.S. marketplace for females and the shoe is not labeled “Men’s Size,” “Youth Size” or “Boy’s Size” and the shoe is the type of footwear commonly worn by both sexes, then the shoe is deemed “unisex” and all sizes will be classified accordingly.
The submitted sample is not properly 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,
Thomas J. Russo
Director
National Commodity Specialist Division