CLA-2-64:OT:RR:NC:N4:447
Ms. Myra Gotto
Brown Shoe Company, Inc.
8300 Maryland Avenue
St. Louis, MO 63105-3693
RE: The tariff classification of footwear from China
Dear Mr. Gotto:
In your letter dated March 28, 2013 you requested a tariff classification ruling.
The submitted half-pair sample identified as pattern number 293784 “Talia,” is a women’s lace-up high top sneaker with a predominately textile material upper. The rubber or plastics outer sole has a foxing band attached which substantially encircles its perimeter and overlaps the upper by the requisite ¼ of an inch. However, the tread on the outer sole (which is relatively smooth) does not provide the traction necessary to make it capable of being used in athletic activities requiring fast footwork or extensive running. You provided an F.O.B. value over $12/pair.
The applicable subheading for the women’s sneaker, pattern number 293784 “Talia” 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: 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,
Thomas J. Russo
Director
National Commodity Specialist Division