CLA-2-64:RR:NC:347 B84069

Ms. Christine Kuo
Import Manager
New York Transit
2707 McCone Avenue
Hayward, CA 94545

RE: The tariff classification of footwear from China.

Dear Ms. Kuo:

In your letter dated April 02, 1997 you requested a classification ruling for four styles of ladies plastic shoes. The four styles submitted are identified as Dana, Zap, High Flash and Airlock. In a letter dated June 27, 1997, Mr. William Tai, Executive Vice President of New York Transit requested that style High Flash be withdrawn from your ruling request pending design modifications. This ruling will pertain to only three styles, Dana, Zap and Airlock.

Dana is a woman's sandal with an outersole of rubber or plastic. The upper is composed of two textile straps at the toe and instep which hold the shoe to the foot. The textile strap material is completely obscured by plastic beads. Zap is also a woman's sandal with an outersole of rubber or plastic. The upper consists of two plastic straps at the toe and instep which hold the shoe to the foot. The plastic straps are decorated with plastic beads and sequins. The plastic beads on both styles are covered with a paint which imparts a shiny metallic look to certain colors. The presence of trace elements of metal in paint to impart a metallic look will not change the external surface of that material to metal. Airlock is a woman's sandal with an outersole of rubber or plastic. The upper consists of plastic straps at the toe and instep and an adjustable strap with a buckle at the ankle. The straps are completely covered by plastic sequins.

The applicable subheading for all three styles will be 6402.99.18, Harmonized Tariff Schedule of the United States, (HTS) which provides for footwear with outer soles and uppers of rubber or plastic, not covering the ankle, having uppers of which over 90 percent of the external surface area (including accessories and reinforcements) is rubber or plastic, other. The rate of duty will be 6 percent ad valorem.

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 this ruling letter 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 this ruling, contact National Import Specialist, Richard Foley at (212) 466-5890.

Sincerely,

Paul K. Schwartz
Chief, Textiles and
Apparel Branch
National Commodity
Specialist Division