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NY B88992




September 9, 1997

CLA-2-64:RR:NC:TP:347 B88992

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.30

Mr. Michael R. Spano
Michael R. Spano & Co., Inc.
190 McKee Street
Floral Park, N.Y. 11001

RE: The tariff classification of a woman's rubber/plastic shoe from China

Dear Mr. Spano:

In your letter dated August 25, 1997, on behalf of American Eagle, Div. of Jimlar Corp., you requested a tariff classification ruling.

You have submitted a sample of a woman's slip-on shoe which you state has a rubber/plastic upper and outer sole, style #AE4054-1730 a-line. The upper features strips of textile material visibly coated with rubber/plastic and considered rubber/plastic for tariff purposes as enumerated in Note 3(a) to chapter 64, Harmonized Tariff Schedule of the United States (HTS). This upper is held together by a plastic threading woven throughout these rubber/plastic strips. This plastic monofilament threading which is visible throughout the upper has a cross-sectional dimension which is less than 1mm. Therefore, in accordance with Note 1(g) to Section XI, the plastic monofilament would be considered textile material for tariff purposes. As a result, the upper is not over 90% rubber/plastic.

The applicable subheading for the shoe will be 6402.99.30, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles and uppers of rubber or plastic, not covering the ankle, having uppers of which not over not over 90% of the external surface area is rubber or plastic, footwear with open toes or heels. The rate of duty will be 37.5% ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Richard Foley at 212-466-5890.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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