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NY 856816

November 1, 1990

CLA-2-64:S:N:N3D:347 856816

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.15

John B. Pellegrini
Ross & Hardies
529 Fifth Avenue
New York, NY 10017-4608

RE: The tariff classification of footwear from China and Indonesia

Dear Mr. Pellegrini:

In your letter dated October 1, 1990, on behalf of Elan Polo, Inc., you requested a tariff classification ruling.

The samples are three athletic shoes with molded plastic outer soles and plastic uppers with textile topline trims measuring less than 10 percent of the external surface area of the uppers. Style "Flare II" has a unit-molded outer sole with a toe bumper with more than 1/4 inch overlap around 37 percent of the periphery of the upper, and an EVA midsole with no overlap of the remaining periphery of the upper.

The applicable subheading for Style "Flare II" will be 6402.99.15, Harmonized Tariff Schedule of the United States (HTS), which provides for certain footwear in Chapter 64. The duty rate will be 6 percent ad valorem.

The question of classification for Styles "Mighty" and "Stab Plus" is being referred to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.

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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