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NY I82886

June 14, 2002

CLA-2-64: RR: NC: TA: 347 I82886


TARIFF NO.: 6404.19.70

Mr. R. Patrick Doyle
The Stride Rite Corporation
191 Spring Street
P.O. Box 9191
Lexington, MA 02420-9191

RE: The tariff classification of footwear from China.

Dear Mr. Doyle:

In your letter dated May 29, 2002, you requested a tariff classification ruling.

The submitted half pair sample, identified by you as style no. 5669288-Henrietta Burgundy Velvet Mary Jane, a children’s closed-toe, closed-heel casual shoe which has an ankle strap with a side-buckle closure. The shoe has a textile upper and a cemented-on rubber/plastic outer sole with a sidewall that overlaps the upper at the sole by approximately â›-inch, all around the shoe’s lower perimeter. You indicate that the footwear is valued over $3 but not over $6.50/pair.

You state that style no. 5669288 also represents the following style nos. 3669272, 5669270, 7669278, 3669280 with the only differences being in color and sizes. This office will presume that in materials and construction, all these listed footwear styles will be the same as the representative sample.

The applicable subheading for style nos. 3669272, 5669270, 7669278, 3669280 and 5669288 will be 6404.19.70, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the upper’s external surface is predominately textile materials, in which the outer sole’s external surface is predominately rubber and/or plastics, which is not athletic footwear, which has neither open toes or open heels, and which is not a slip-on; in which the sole overlays the upper other than at the toe or heel; and which is valued over $3.00 but not over $6.50 per pair. The rate of duty will be 90 cents per pair plus 37.5% 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.


Robert B. Swierupski

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