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NY I84152




July 22, 2002

CLA-2-TA: RR: NC: TA: 347 I84152

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.35

Ms. Genny Fenske
Deep See, Incorporated
18935 – 59th Avenue NE
Arlington, WA 98223

RE: The tariff classification of footwear from China.

Dear Ms. Fenske:

In your letter dated July 11, 2002, you requested a tariff classification ruling.

The submitted half pair sample, identified as “Part # 95701”, is an open-toe, open-heel, slip-on thong sandal. The Y-configured upper consists of woven elastic textile straps that cross over the instep area where they are embedded into an approximate 1-inch thick rubber/plastic outsole by means of plugs.

The applicable subheading for this sandal, identified as “Part # 95701”, 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 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 646-733-3042.

Sincerely,

Robert B. Swierupski
Director,

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