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NY J80582





March 6, 2003

CLA-2-64: RR: NC: TA: 347 J80582

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.90.90

Ms. Jennifer L. Cirrone
The Stride Rite Corporation
191 Spring Street
P.O. Box 9191
Lexington, MA 02420-9191

RE: The tariff classification of footwear from China.

Dear Ms. Cirrone

In your letter dated February 3, 2003, you requested a tariff classification ruling for a footwear sample identified as Style No. WHO1847 “Keds Women’s Briana CVO Stretch Smooth.” You are also requesting a ruling for styles WHO1845 and WHO1846 which you state are identical to style WHO1847 except for color.

You have submitted a sample of a women’s athletic style shoe that does not cover the ankle. The upper is made of a plastics material. The shoe also has a foxing like band. The outer sole has an external surface area of both textile and rubber/plastics materials. You have submitted a lab measurement stating that textile accounts for 53.79 percent of the outer sole in contact with the ground.

The applicable subheading for the shoe, identified as styles WHO 1845, 1846 and 1847 “Keds Women’s Briana CVO Stretch Smooth” will be 6405.90.90, (HTS), which provides for other footwear, other, other. The rate of duty will be 12.5% ad valorem

We are returning the sample as requested.

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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