CLA-2-64:OT:RR:NC:N4:447
Ms. Ruth Texeira
Columbia Sportswear Company
14375 SW Science Park Drive
Portland, OR 97229
RE: The tariff classification of footwear from Asia
Dear Ms. Texeira:
In your letter dated May 6, 2013 you requested a tariff classification ruling for 2 styles of men’s footwear.
The submitted half-pair samples identified as styles BM4429 and BM2556 are men’s lace-up “casual” shoes with rubber or plastics outer soles and predominately textile material uppers (60% and 85% respectively), that do not cover the ankle. You contend that the shoes do not have lateral movement stabilizers to support quick side-to-side movement, cushioned collars or padded tongues and foxing-like bands, all of which are features of “athletic” footwear. We agree with this contention and with your suggested classification under subheading 6404.19.9030, Harmonized Tariff Schedule of the United States (HTSUS). You provided an F.O.B. value over $12.00/pair.
The applicable subheading for the men’s lace-up casual shoes, styles BM4429 and BM2556 will be 6404.19.9030, HTSUS, which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: footwear with outer soles of rubber or plastics: other: valued over $12.00/pair: for men. 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 as much as the submitted samples have “Sample, Not for Resale” stamped on their inside and will most likely be used to solicit future orders, be advised that they have Columbia® prominently printed on the heel area of the footbed. 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.
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 samples imported as is will be considered 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