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NY I85833




September 19, 2002

CLA-2-64:RR:NC:TA:347 I85833

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.80

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

RE: The tariff classification of footwear from Taiwan and Brazil.

Dear Mr. Hartill:

In your letter dated August 30, 2002, on behalf of your client Ballet Makers, Inc., you requested a tariff classification ruling.

The submitted half pair sample, identified as a dance shoe Style #DS10, has a textile upper, a textile tongue, a lace closure with a plastic cord stop and a two sectioned split rubber/plastic outer sole in contact with the ground. The shoe does not cover the wearer’s ankle and you state that it will be valued at $8.45 in sizes 3-10 (DS10) and at $8.90 in sizes 10.5-14 (DS10A).

The applicable subheading for this dance shoe, in both the size range style #DS10 and #DS10A designations indicated, will be 6404.19.80, 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 does not have open toes or open heels; which is not a slip-on; and which is valued over $6.50 but not over $12.00 per pair. The rate of duty will be 90 cents per pair plus 20% 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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