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NY H89717




April 9, 2002

CLA-2-64:RR:NC:TA:347 H89717

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.18

Ms. Kristi L. Brokaw
Adidas America
5055 N. Greeley Ave.
Portland, OR 97217

RE: The tariff classification of footwear from China

Dear Ms. Brokaw:

In your letter dated March 25, 2002 you requested a tariff classification ruling.

The submitted half pair sample, identified as Style #13GRU080A, model A3 Night Run, is an athletic-type shoe that does not cover the ankle. The shoe has an upper consisting of a functionally stitched shiny plastic vinyl material that covers almost all of its external surface area except for a narrow strip of ¼-inch wide textile topline trim around the ankle. It has a padded textile tongue, a padded ankle collar and a lace closure. The shoe also has a rubber/plastic cushioning midsole that can only by seen externally above its raised platform heel, and a cemented-on rubber/plastic outer sole.

The applicable subheading for this shoe, Style #13GRU080A, model A3 Night Run will be 6402.99.18, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface area is over 90% rubber or plastics (including any accessories or reinforcements); in which the outer sole’s external surface is predominately rubber and/or plastics; which is not “sports footwear”; which does not have a foxing or a foxing-like band; and which does not cover the ankle. The rate of duty 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 National Import Specialist Richard Foley at 646-733-3042.

Sincerely,

Robert B. Swierupski
Director,

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