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NY H89297




March 13, 2002

CLA-2-64: RR: NC: TA: 347 H89297

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.35

Mr. Charles G. Hartill
Charles G. Hartill, LCHB
Capital Transportation
147-217 175th Street
Jamaica, NY 11434

RE: The tariff classification of footwear from Brazil.

Dear Mr. Hartill:

In your letter dated March 06, 2002, on behalf of your client Ballet Makers Inc., you requested a tariff classification ruling.

The submitted half pair sample identified by you as a “Capezio Techno-Jazz” dance shoe, Style # TJ20/TJ20A,” is a woman’s closed-toe, closed-heel, slip-on “dance shoe.” The shoe has a stretch textile fabric upper, which based on your external surface measurements, has been found to be 59.03% textile and 40.97% leather. The shoe has a leather insole, a ¼-inch high rubber/plastic heel and a cemented on rubber/plastic outer sole.

The applicable subheading for the shoe will be 6404.19.35, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles of rubber or plastics and uppers of textile materials: footwear of the slip-on type, that is held to the foot without the use of laces or buckles or other fasteners, not having a foxing-like band: which is 10% or more by weight of rubber or plastics: other. The rate of duty will be 37.5% 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 646-733-3042.

Sincerely,

Robert B. Swierupski
Director,

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