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NY D82743



October 15, 1998

CLA-2-64:CO:CH:JJB:D10 D82743

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.80

Joanne Balice
CBI Distributing Corp.
2400 W. Central Road
Hoffman Estates, Illinois 60195-1930

RE: The tariff classification of a women's shoe from China

Dear Ms. Balice:

In your letter dated September 9, 1998, you requested a classification ruling of a women's shoe from China.

You included a sample shoe designated as style number 15990. It is a women's platform sneaker style of shoe, below the ankle. It has an upper whose external surface area is almost entirely of plastic with the exception of a thin textile top line. The molded rubber sole, which includes the platform part of the shoe, significantly overlaps the upper around the entire circumference of the shoe, more than 1/4 of an inch by our measurement. Therefore, we consider this shoe to have a foxing-like band. You stated that the value for this shoe will be $7.90 per pair.

The applicable subheading for this women's shoe, designated as style number 15990, will be 6402.99.80, Harmonized Tariff Schedule of the United States (HTS), which provides for other footwear with outer soles and uppers of rubber or plastics: other than sports footwear, zoris, and footwear incorporating a protective metal toe cap: not covering the ankle: having uppers whose external surface area is less than 90 per-cent of rubber or plastic including accessories and reinforcements or which has a foxing or a foxing-like band applied or molded at the sole and overlapping the upper: which is not protective footwear: which does not have open toes or open heels and is not slip-on type footwear or has a foxing-like band: and which is valued over $6.50 but not over $12.00/pair. The duty rate will be 90 cents per pair plus 20% of the value.

This sample shoe is not marked with the country of origin, but you stated that, at the time of importation, the shoes will be legally marked.

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.

Sincerely,

Larry Shirk
Acting Port Director
Port of Chicago

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