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NY B85756




June 10, 1997

CLA-2-64:K:TC:A4:D23 B85756

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.1865

Mr. Tony Del Pozo
Vice President
H.W. Robinson & Co., Inc.
JFK Airport Cargo Service Bldg. No. 80
Jamaica, NY 11430

RE: The tariff classification of two shoes from China.

Dear Mr. Del Pozo:

In your letter dated May 23, 1997 your company requested a tariff classification ruling on behalf of your client, Ben Berger & Son, Inc.

You included two samples, style numbers BBS-1723 and BBS-1797, and described them as ladies footwear made of man-made materials. The shoes have outer soles and uppers of rubber/plastics. The shoes will be imported from China.

The applicable subheading for the shoes will be 6402.99.1865, Harmonized Tariff Schedule of the United States, which provides for other footwear with outer soles and uppers of rubber or plastics; other footwear; other; having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather); other; other; other; for women; other. The duty rate will be 6% ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations.

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,

John J. Martuge

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