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NY 847959





CLA-2-64:S:N:N3:D-347 847959

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.91.90

Mssrs. William C. Campbell and Andrew M. Cole Lindsay, Hart, Neil & Weigler
222 S.W. Columbia, Suite 1800
Portland, OR 97201-6618

RE: The tariff classification of footwear from Asia.

Dear Sirs:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : December 9, 1989.

ON BEHALF OF : Avia Group International, Inc.

DESCRIPTION OF
MERCHANDISE : Style Avia ARC 610 is a high-cut running shoe. The upper is of plastic with a small amount of textile inserts and trim. The textile comprises less than 10 percent of the external surface area of the upper, even after adding back the trim. The bottom consists of a molded rubber/plastic outsole and midsole which you state are cemented to each other prior to their being cemented as a unit to the upper. The bottom overlaps approximately 84 percent of the periphery of the upper by amounts varying from minimal to approximately 3/4 inch.

HTS PROVISION : Other footwear with outer soles and uppers of rubber or plastics, covering the ankle, having a foxing-like band, other, valued over $12/pair.

HTS SUBHEADING : 6402.91.90

RATE OF DUTY : 20 percent ad valorem. This rate will be the same in 1990.
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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