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NY H80482





May 17, 2001

CLA-2-64:K:TO:A3:D23

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.1865

Ms. Elizabeth Rizzo
Classification Analyst
The Donna Karan Company
600 Gotham Parkway
Carlstadt, NY 07072

RE: The tariff classification of a shoe from Spain.

Dear Ms. Rizzo:

In your letter dated April 24, 2001, and received by the Customs Information Exchange on May 2, 2001, your company requested a tariff classification.

You included a sample shoe, style 27313102 (Iren), which is described as a woman’s 50mm mule with an outer sole and an upper of rubber/plastics. The shoe will be imported from Spain. The sample shoe is being returned as requested.

The applicable subheading for the shoe will be 6402.99.1865, Harmonized Tariff Schedule of the United States, which provides for other footwear with outer soles and uppers of rubber or plastics; other footwear; other; having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather); other; other; other; for women; other. The duty rate will be 6% ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact Field National Import Specialist Noel Hadley at (718) 553-1608 or National Import Specialist Richard Foley at (212) 637-7089.

Sincerely,


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