CLA-2 CO:R:C 555552 RA

Michael S. O'Rourke, Esq.
Rode & Qualey
295 Madison Avenue
New York, New York 10017

RE: Marking of footwear imported as samples

Dear Mr. O'Rourke:

This is in response to your letter of December 19, 1989, on behalf of Pagoda Trading Co., Inc., St. Louis, Missouri, requesting a clarification of the requirements applicable to footwear imported under the free provision in subheading 9811.00.60, Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of footwear imported for use as samples for soliciting orders for foreign-made products which are entitled to free entry under subheading 9811.00.60, HTSUS (formerly 860.30, Tariff Schedules of the United States (TSUS)), if they have been marked, torn, perforated, or otherwise treated so as to render them unsuitable for any other use. The marking requirements for such samples are set forth in the interim update of Customs Directive 3500-07, Textile Sample Guidelines dated January 4, 1989. The guidelines provide that the minimum acceptable method of complying with the requirements of this tariff provision would be to drill a 1/4-inch hole in the sole of each shoe. Also, in the case of textile footwear subject to visa requirements or quota restraints, a label with the words "Sample-Not-For- Resale" must be permanently attached to a place on the footwear which is readily visible.

You point out that under our rulings relating to item 860.30, TSUS, the importer had the option of attaching a label rather than having a hole drilled in the sole of the sample shoe. You ask whether this is still the case with respect to non-quota footwear.

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ISSUE:

Does non-quota footwear require a 1/4-inch hole drilled in the soles in order to be entitled to free entry under subheading 9811.00.60, HTSUS?

LAW AND ANALYSIS:

Subheading 9811.00.60, HTSUS, provides for the free entry of sample articles valued at less than $1 or treated to render them unsuitable for any use other than as samples for taking orders for foreign-made merchandise. In Headquarters Ruling Letter 058647 dated October 25, 1978, we held that under the predecessor statute the importer could opt to indelibly stamp the sole of a shoe "Sample-Not-For-Resale" instead of drilling or punching a hole in the sole or heel of the sample. You state that this alternative treatment to render footwear unsuitable except for sample use was confirmed in subsequent correspondence but appears to conflict with the wording of Customs Directive 3500-07. This directive pertaining to the entry procedure for textile products provides that a 1/4-inch hole in the sole of each shoe is the minimum acceptable treatment for footwear. In view of this, you request a clarification as to acceptable treatment and contend that the importer should have the option to either drill a hole in the sole or attach a label with the words "Sample-Not-For-Resale in a readily visible place.

We are of the opinion that, in consideration of our past rulings and established position, non-quota footwear samples may be either drilled or marked with a label at the importer's option, provided the appropriate district director is satisfied that the treatment is sufficient to insure that the footwear can be used only as samples for soliciting orders for foreign merchandise.

HOLDING:

Non-quota footwear imported for sample use may either have a 1/4-inch hole drilled in each sole or a label with the words "Sample-Not-For-Resale" permanently attached to a readily visible place in order to qualify for free entry under subheading 9811.00.60, HTSUS, provided the district

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director is satisfied that such treatment renders the shoes unsuitable for use for any purpose other than soliciting orders for foreign merchandise.

Sincerely,

John Durant, Director
Commercial Rulings Division