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NY 871208

February 25, 1992

CLA-2-64:S:N:N3:D 347 871208


TARIFF NO.: 6402.91.90

Mr. Dale Watanabe
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE: The tariff classification of footwear from Korea

Dear Mr. Watanabe:

In your letter dated February 3, 1992, you requested a tariff classification ruling.

Style Women's Air Elite Huarache, Product Code 171007 110 00 is a woman's over-the-ankle athletic shoe. It has a molded plastic sole and an upper with an external surface area (ESA) which you state is predominantly of plastic but not over 90 percent plastic when accessories or reinforcements are excluded or included. It has a textile tongue which is stitched to and integral with a textile back inner component which is lasted to the insole, giving the entire textile component a "bootie-like" appearance. Where the textile "bootie" appears between the eyelet stays we consider it to be "tongue" and do not include it in the ESA measurements; where it appears in the openings of and above the upper, we do. We consider this shoe to have a foxing- like band.

The applicable subheading for the this shoe will be 6402.91.90, Harmonized Tariff Schedule of the United States (HTS), which provides for other footwear with outersoles and uppers of plastics, but with uppers of which not over 90 percent of the ESA is plastics, having a foxing-like band. The rate of duty will be 20 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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