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NY 883116




May 15, 1993

CLA-2-64:5;N;N8:JG-341

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.91.90

Alison Leavitt
Chase, Leavitt CHB, Inc.
10 Dana Street
Portland, Maine 04112

RE: The tariff classification of footwear from Brazil

Dear Ms.Leavitt:

In your letter dated February 22, 1993, you requested a tariff classification ruling.

The style called Bram is a casual shoe with a molded rubber/plastic sole and an upper of leather. The lower portion of the upper is formed using the material of the sole as in moccasin style construction. It has an eyelet lace closure. The submitted sample is size 6 1/2 and is appropriate for both men and women. We consider this shoe to be unisex.

The applicable subheading for this shoe will be 6403.91.90, Harmonized Tariff Schedule of the United States (HTS), which provides for foot Year with outer soles of rubber, plastics, leather or composition leather and uppers of leather, covering the ankle. The rate of duty yin be 10 percent ad valor em.

Note that the shoe is not marked With the country of origin. Section 134.11 of the Customs Regulations requires that articles of foreign origin be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article will permit. Therefore, if imported as is, the foot Year would be considered not legally marked under the provisions of l9 C.F.R. 134.11.

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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