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June 30, 1999

CLA-2-64:RR:NC:TA:347 E83814

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.35

Ms. Cyndi Bergamini
CSI Industries, Inc.
3750 State Road
Bensalem, PA 19020

RE: The tariff classification of footwear from China

Dear Ms. Bergamini:

In your letter dated June 17, 1999 you requested a tariff classification ruling.

The submitted half pair sample, Style #068-100250, is an open-toe, open-heel beachcomber-type thong sandal, with a ‘Y’ configured toe strap, textile fabric upper and a multi- layered, 1-inch thick EVA plastic bottom.

The applicable subheading for this sandal, Style #068-100250, will be 6404.19.35, 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 rubber and/or plastics; which is not “athletic” footwear; which is not designed to be a protection against water, oil, or cold or inclement weather; which has open toes or open heels; and which is 10% or more by weight of rubber and/or plastics. The rate of duty will be 37.5% ad valorem.

We are returning the sample as you requested.

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 212-637-7089.

Sincerely,

Robert B. Swierupski
Director,

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