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January 4, 1999

CLA-2-64:G23 D85108

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.91.6040

Ms Junghee Sung
NIKE USA, Inc.
One Bowerman drive
Beaverton, OR 97005

RE: The tariff classification of a leather athletic shoe.

Dear Ms Sung:

This letter is a supplement to Binding Ruling D85108.

Due to a miscommunication with your office, model MFB105 Air Tuned Force 2 was classified as a style and design that may be commonly worn by both sexes. Based upon additional information, this item is solely classifiable as footwear for men, as there is, in fact, a similar corresponding athletic line for women.

The applicable subheading for style MFB105 will be 6403.91.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for other footwear with outer soles of rubber or plastic and uppers of leather, covering the ankle, for men, youths and boys...other: tennis shoes, basketball shoes, gym shoes, training shoes and the like: other. The rate of duty is 8.5 percent ad valorem.

A copy of this supplemental letter should be given to your broker and members of your staff for attachment to all copies of Binding Ruling #D85108. If entry documents have been filed without this correction, the supplemental ruling should be brought to the attention of the Customs officer handling the transaction.?INCLUDE F:\\WPFILES\\PIRP\\BINDRULE\\94\\801413.???INCLUDE F:\\WPFILES\\PIRP\\BINDRULE\\818625.???INCLUDE F:\\WPFILES\\PIRP\\BINDRULE\\94\\801413.???INCLUDE F:\\WPFILES\\PIRP\\BINDRULE\\818625.??

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

If you have any questions pertaining to this matter, please contact Field National Import Specialist Leo S. Maciejewski at 207-771-3617 or National Import Specialist Richard Foley at 212-466-5890.

Sincerely,

Jeffrey Walgreen,
Port Director

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