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NY 852562




CLA-2-64:S:N:N3D:346SM 852562

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.11.7060

Mr. William LeClair
Trans-Border Customs Services
One Trans-Border Drive, P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of a fabric sneaker from China.

Dear Mr. LeClair:

In your letter dated May 10, 1990, on behalf of Genfoot, Inc., you requested a tariff classification ruling.

The sample, marked "Frolics" and "Q F0004-PIN", has a mesh fabric upper with one set of eyelets. The shoe was made by using the string-lasted, simultaneous molded construction.

We note that the IFA/FRA "Interim Footwear Invoice" enclosed misdescribes the shoe in several ways. The shoe does have a foxing-like band; it is included in "gym shoes and the like"; and it is not of "welt construction" as defined in the HTS.

The applicable subheading for your sample will be 6404.11.7060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's footwear, which has uppers of textile materials and outer soles of rubber or plastics; which is a gym shoe or the like; which is, you state, valued over $3 but under $6.50 per pair; which has closed toes and closed heels; which is not a slip-on; and which is not of an exclusively adhesive construction. The rate of duty will be 37.5 percent ad valorem plus $.90 per pair.

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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