CLA-2-64:OT:RR:NC:N4:447
Mr. Benjamin M. Bidwell
C.H. Robinson Worldwide, Inc.
1250 W. Artesia Blvd.
Compton, CA 90220-5306
RE: The tariff classification of children’s footwear from China
Dear Mr. Bidwell:
In your letter dated November 30, 2009 you requested a tariff classification ruling on behalf of See Kai Run for two footwear items.
The first submitted sample which you identify as Style 001, is a children’s size 6 below the ankle shoe. The constituent material of the outer sole having the greatest external surface area is rubber/plastics. The constituent material of the upper having the greatest external surface area is leather.
The second submitted sample which you identify as Style 002, is an infant 0-6 month below the ankle shoe. The outer sole is comprised of rubber/plastics and leather with the leather portion predominating as the constituent material having the greatest external surface area. The constituent material of the upper having the greatest external surface area is leather. You stated in a telephone conversation with our office that both samples have an F.O.B. value of $7.50/pair.
The applicable subheading for both Style 001 and Style 002 will be 6403.99.9071, 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 leather: other footwear: other: other: other: other: for other persons: valued over $2.50/pair: other: other: other. The rate of duty will be 10% 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 samples are not marked with the country of origin. Therefore, if imported as is, they 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 Richard Foley at (646) 733-3042.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division