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NY C81042




October 28, 1997

CLA-2-64:FO:CM:NP:POR:CO:D24:C81042

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.99.60/6403.99.90

Gwen H. R. Salisbury
Airgo Freight Inc.
2460 South 161st. Street
Seattle, WN 98158

RE: The tariff classification of footwear from Italy

Dear Ms. Salisbury:

In your letter dated October 22, 1997 you requested a tariff classification ruling on behalf of your client, Northwave North America, Inc.

The sample provided is described as model Tennis/Bohrg and is coded SPR.98009. It is further described as being part of the importer's Players line of footwear. It is a below-ankle, lace closed shoe with leather upper and rubber sole. The article would be subject to unisex considerations, with men's sizes 8 and below classified 6403.99.90 and men's sizes above 8 classified 6403.99.60, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather; other than sports footwear, footwear with outer soles of leather, footwear made on a base of wood, footwear incorporating a protective toe-cap, footwear covering the ankle, or welt footwear. The rate of duty for men's sizes (6403.99.60) will be 8.5%, ad valorem; the rate of duty for women's sizes (6403.99.90) will be 10%, 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.

Sincerely,

Lewellyn Robison
Port Director

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