CLA-2-64:OT:RR:NC:N4:447
Ms. Wynoka Harris
Skechers
228 Manhattan Beach Blvd.
Manhattan Beach, CA 90266
RE: The tariff classification of footwear from China
Dear Ms. Harris:
In your letter dated August 16, 2012 you requested a tariff classification ruling.
The submitted half-pair samples identified as style numbers 39103 BLK and 39105 ORG, are lace-up “athletic-like” shoes with rubber or plastics outer soles and textile uppers that cover the ankle. Both of these shoes exhibit certain characteristics associated with athletic footwear, i.e. a foxing or foxing-like band, a rubber or plastics toe bumper and a general athletic appearance. However, each shoe has a wedge insole which you state renders them incapable of fast foot work and unsafe for anything but casual wear. You also state that they are not marketed as tennis shoes. You provided an F.O.B. value over $12/pair and suggest classification under subheading 6404.19.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for in pertinent part; non-athletic footwear. We agree with this suggested classification.
The submitted half-pair sample identified as style number 63720 OLV “Moc Toe Lace Up,” is a lace-up “casual” shoe with a rubber or plastics outer sole and a textile upper that does not cover the ankle. The shoe has non-removable lacing on each side of the upper (similar to what would be found on a moccasin) and a foxing or foxing-like band. It does not have a padded collar or tongue, a rubber or plastics toe bumper and is not athletic in appearance. You provided an F.O.B. value over $12/pair.
The applicable subheading for style numbers 39103 BLK, 39105 ORG and 63720 OLV will be 6404.19.90, 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. 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/.
In reference to style number 39103 BLK, you state that a circular logo with the words “Born in LA” will be attached to the upper side wall of the sneaker. You question whether this will violate the country of origin rules for marking.
Section 134.46 of the Customs Regulations (19 CFR 134.46) provides that in any case where the words “U.S.,” “American,” or any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on any imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and at least in a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surfaces(s) in which the name or locality other than the actual country of origin appears.
Section 134.47 provides as follows: When as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the United States or “United States” or “America” appear, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by “Made in,” “Product of,” or other similar words, in close proximity or in some other conspicuous location. The purpose of 19 CFR 134.46 and 134.47 is to prevent the ultimate purchaser from being misled or deceived when the name of a country or place other than the country of origin appears on an imported article or its container. The sample is not marked and your letter doesn’t say where you intend to place the country of origin marking. In addition, you do not make reference to any trademark or trade name.
Consequently, the sneaker with the logo attached to its side in the manner described by you will not sufficiently satisfy the requirements of these regulations and will render its importation not legally marked.
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