CLA-2-64:OT:RR:NC:N4:447
Ms. Maria-Elena Roner
Heroyk, Inc.
2269 Chestnut Street #428
San Francisco, CA 94123
RE: The tariff classification of footwear from Indonesia
Dear Ms. Elena Roner:
In your letter dated October 19, 2012 you requested a tariff classification ruling.
The submitted sample identified as style “Heroyk 1” is a women’s lace-up athletic shoe with a rubber or plastics outer sole and a leather upper that does not cover the ankle. The shoe has many characteristics and the general appearance of athletic footwear. We will presume that the F.O.B. value is over $2.50/pair.
The applicable subheading for the women’s athletic shoe, style “Heroyk 1” will be 6403.99.9031, 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: tennis shoes, basketball shoes, and the like, for women: 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 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