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NY D80917




August 17, 1998

CLA-2-64:RR:NC:TA:347 D80917

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.20.40

Ms. Jane A. Sheridan
Pagoda
8300 Maryland Ave.
St. Louis, MO 63105

RE: The tariff classification of footwear from China

Dear Ms. Sheridan:

In your letter dated July 28, 1998 you requested a tariff classification ruling.

The two submitted half pair samples, identified as Patterns "Carson", and "Cari", are described as follows:

Pattern "Carson" - A woman's open-toe, closed-back, slip-on dress shoe, with a textile upper, a 2-1/2 inch high heel and a leather outer sole. You provide component weight breakdown percentage figures for this shoe, indicating that the weight of the textile, rubber and plastic components is 47%, leather is 14% and "Other Materials" is 39%.

Pattern "Cari" - A woman's open-toe, open-back shoe, with a textile upper, an elasticized textile heel strap, a 3 inch high platform heel and a leather outer sole. You provide component weight breakdown percentage figures for this shoe, indicating that the weight of the textile, rubber and plastic components is 46%, leather is 16% and "Other Materials" is 38%.

For the purposes of this ruling, we will assume the measurements you provide for both these shoes are correct. However, the accuracy of these component weight breakdown figures will be subject to verification at the time of actual importation by Customs at the ports of entry.

The applicable subheading for both shoes described above, will be 6404.20.40, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's external surface is predominately textile materials; in which the outer sole's external surface is predominately leather or composition leather; which is, by weight, not over 50% as a total of textile materials, rubber and plastics; and which is, we presume, valued over $2.50 per pair. The rate of duty will be 10 percent 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,

Robert B. Swierupski
Director,

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