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NY 884996





April 23, 1993

CLA-2-64:S:N:N8:346-T 884996

CATEGORY: CLASSIFICATION

TARIFF NO.: 6406.99.3060

Mr. Darryl Golden
Norman Krieger, Inc.
5761 W. Imperial Highway
Los Angeles, CA 90045

RE: The tariff classification of a pair of rigid plastic insole inserts from Austria.

Dear Mr. Golden:

In your letter dated April 13, 1993, on behalf of Tri Hawk of Los Angeles, you requested a tariff classification ruling.

The item submitted is a pair of preformed rigid plastic arch supporting footbed shoe inserts. The pair, a left and a right foot fit, is packed in a sealed plastic bag and is identified as the "Orthofit 9000". These shell-like plastic inserts are preshaped and will be sold directly to consumers in both men's and women's shoe sizes.

They can also be reshaped and customized by a qualified technician or a podiatrist, to an individuals special needs or requirements. In normal use, the item is placed directly into the shoe and aligned to fit under the wearer's heel and arch or, as per the instruction pamphlet provided, under the removable "sock liner" or "insole" usually present in athletic shoes or hiking boots.

The applicable subheading for the item "Orthofit 9000", described above, will be 6406.99.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of footwear, which are removable insoles or heel cushions or the like, and which are of rubber and/or plastics. The rate of duty will be 5.3 percent ad valorem.

The sample is being returned as you 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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