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NY 865818

AUGUST 28, 1991

CLA-2-64:S:N:N3D:347-T 865818


TARIFF NO.: 6402.91.70

Mr. E. Silvera
Morini Fashions
P.O. Box 230274
Brooklyn, NY 11223

RE: The tariff classification of a man's athletic shoe from China.

Dear Mr. Silvera:

In your letter recieved on August 6, 1991, you requested a tariff classification ruling.

The submitted sample (no style number indicated) is a man's hi-top athletic type shoe with a functionally stitched plastic upper, a lace closure, a padded ankle collar and a cemented-on, two color molded rubber/plastic bottom. The molded bottom overlaps the upper by about 1/2 inch around the front as an extended toe bumper and continues to overlap the upper in a 3/4 inch high ridge for an additional 2 1/2 inches along the out-side front half of the shoe. The combination of the extended toe bumper and the sidewall ridge accounts for more than 40 percent of the upper's lower perimeter. We consider this shoe, both in appearance and function, to have a foxing-like band.

The applicable subheading for the shoe described above will be 6402.91.70, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's and the outer sole's external surfaces are predominately rubber and/or plastics; which is other than "sports" footwear; in which the top of the upper covers most of the wearer's ankle bone; which is not designed to be a protection against water, oil or cold or inclement weather; which has a foxing-like band; and which is valued over $3.00 but not over $6.50 per pair. The rate of duty will be $0.90 per pair plus 37.5 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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