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NY 851665

May 16, 1990

CLA-2-64:S:N:N3D:346SM 851665

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.35

Mr. J.F. Fritz
Norman Kreiger, Inc.
P.O. Box 92599
Los Angeles, CA 90009

RE: The tariff classification of a sandal from Thailand.

Dear Mr. Fritz:

In your letter dated April 16, 1990, on behalf of Inter- Pacific Corp., you requested a tariff classification ruling.

Your sample has a plastic/rubber outer sole, a split leather sock lining, and an upper primarily made up of a six rope-like thongs. We note there is a plastic coating on the strands of the rope-like thongs, but we do not consider the thongs to be "visibly coated" with plastic.

The applicable subheading for your sample, style 8121-3 will be 6404.19.35, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with uppers of textile materials and soles of rubber or plastics, with open toes and open heels, and which are over 10 percent by weight of rubber or plastics. The rate of duty will be 37.5 percent ad valorem.

We are returning your sample as requested.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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