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NY 890452

October 19, 1993

CLA-2-64:HS:CS FNIS:D19 890452


TARIFF No.: 6403.19.35; 6403.19.60

Martha J. Waldner, Import Supervisor
Unitrans International Corporation
709 South Hindry Ave.
Inglewood, California 90301

Dear Mr. Waldner:

In your letter dated September 27, 1993, you request classification of two articles of footwear, an espadrille produced in Bangladesh, and a Highlander sneaker produced in Portugal.

The espadrille has an upper of woven man-made textile (shown as 30-40% by weight), and a sole of rubber (shown as 60-70% by weight). The upper is open at the toe and heel, with three-eyelet construction and raffia laces. The sneaker, in the version for which the ruling is requested, will have a canvas upper (unlike the sample provided, which has a suede upper), rubber sole, and a 1.5 centimeter wide rubber foxing-like band molded at the sole and overlapping the upper.

The applicable subheading for the espadrille will be 6404.19.35, which provides for footwear with outer soles of rubber and uppers of textile materials, over l0% by weight of rubber or plastics. The rate of duty is 37.5% ad valorem. The applicable subheading for the sneaker will be 6404.19.60, which provides for footwear with cuter soles of rubber and uppers of textile materials, valued over $3.00 but not over $6.50 per pair. The rate of duty is 37.5% ad valorem.

We note that the samples are not marked properly with the country of origin. Therefore, if imported as such, the shoes will not meet the country of origin marking requirements of 19 U.S.C. 1304.

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 should be attached to the entry documents filed at the time this merchandise is imported. If the documents are filed without a copy, this ruling should be brought to the attention of the Customs officers handling the transaction.


Thomas W. Hardy
District Director,

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