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NY H89889




April 1, 2002

CLA-2-64:RR:NC:TA:347 H89889

CATEGORY: CLASSIFICATION

TARIFF NO. 6403.91.60, 6403.91.90.

Mr. Ron Parsons
Bright Star Footwear, Inc.
111 Howard Blvd., Suite 206
Mt. Arlington, NJ 07856

RE: The tariff classification of footwear made in China.

Dear Mr. Parsons:

In your letter dated March 22, 2002 you refer to a phone conversation that you had on March 21, 2002 with National Import Specialist Richard Foley concerning NY ruling H87756 dated March 13, 2002. You brought to light certain information concerning changes you have made to the construction of “Gobbler” footwear. You have submitted a revised model of “Gobbler” with style number CWY-1707KC-2. The item is a hiker style shoe with an outer sole of rubber or plastics and an upper of textile material and leather. The shoe covers the ankle.

Unlike style CWY-1707-XC, the subject of NY H87756, which had a predominantly textile upper, this item, style CWY-1707-KC-2, has a predominantly leather upper.

The applicable subheading for revised “Gobbler” style CWY-1707-KC-2 in sizes up to and including American men’s size 8 will be 6403.91.90, Harmonized Tariff Schedule of the United States, (HTS) which provides for footwear with outer soles of rubber or plastics and uppers of leather, other, covering the ankle, for other persons. The rate of duty will be 10 percent ad valorem. The applicable subheading for sizes larger than American men’s size 8 will be 6403.91.60 (HTS) ) which provides for footwear with outer soles of rubber or plastics and uppers of leather, other, covering the ankle, for men, youths and boys. The rate of duty will be 8.5 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 this ruling letter 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 this ruling, contact National Import Specialist, Richard Foley at (212) 637-7089.

Sincerely,

Robert Swierupski
Director,

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