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NY 855885

CLA-2-64:S:N:N3-D:347-T 855885


TARIFF NO.: 6402.99.15

Mr. John B. Pellegrini
Ross & Hardies
529 Fifth Ave.
New York, N.Y. 10017- 4608

RE: The tariff classification of footwear from Korea.

Dear Mr. Pellegrini:

In your letter dated August 30, 1990, on behalf of Avia Group International Inc., you requested a tariff classification ruling.

The submitted sample, Avia Model 351, is a man's low-top, lace up athletic shoe with a predominately plastic upper that also has a textile topline trim, two narrow textile inserts near the eyelets and some additional areas of embroidery on the outside quarter ("AVIA") and on the heel ("ARC Technology"). You have provided surface area measurements arrived at by an independent testing laboratory which indicate that textile represents only 6.36 percent of the external surface area of the upper. The shoe has a cemented-on, molded rubber/plastic bottom which overlaps the upper by less than 1/4 inch.

We are returning the sample as you have requested.

The applicable subheading for the sample shoe, Avia Model 351, will be 6402.99.15, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's external surface is predominately rubber and/or plastics; in which the outer sole's external surface is predominately rubber and/or plastics; which is other than "sports footwear"; in which the top of the upper is below the top of the ankle bone; in which the upper's external surface is over 90% rubber and/or plastics after every accessory and rein- forcement present is included as part of the upper's external surface; which is not designed to be a protection against water, oil or cold or inclement weather; which does not have a foxing-like band; and which is not a "zori". The rate of duty will be 6 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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