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NY I82111

June 6, 2002



TARIFF NO.: 6405.20.30

Mr. John B. Pellegrini
Ross & Hardies
65 East 55th Street
New York, NY 10022-3219

RE: The tariff classification of footwear from China

Dear Mr. Pellegrini:

In your letter dated May 30, 2002, you requested a tariff classification ruling for a sample of athletic style footwear identified as Style No. 02200-ITL on behalf of Eastman Footwear Corp.

The sample is an athletic sneaker style shoe with an upper of cotton textile material and an outer sole of rubber/plastics. The shoe does not cover the ankle and has a foxing tape encircling the entire shoe. It is secured to the foot by a traditional 5-eyelet lacing system. The bottom is composed of a complete unit-molded rubber/plastics outer sole to which a thin layer of textile material, identified as man-made fiber fabric, has been adhered.

Customs Headquarters has recently issued HQ 964978, dated April 18, 2002 addressing the tariff classification of footwear with rubber soles covered with a thin layer of textile material. The shoes in that ruling have outer soles that are substantially similar to Style No. 02200-ITL.

The applicable subheading for Style No. 02200-ITL will be 6405.20.30, Harmonized Tariff Schedule of the United States, (HTS), which provides for other footwear with uppers of textile material, with uppers of vegetable fibers. The general rate of duty will be 7.5 percent ad valorem.

The submitted sample of Style No. 02200-ITL is not marked with the country of origin. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

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.


Robert B. Swierupski

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