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NY I88100




November 15, 2002

CLA-2-64: RR: NC: TA: 347 I88100

CATEGORY: CLASSIFICATION

TARIFF NO.: 6401.92.90; 6401.99.80

Mr. Bruno Romano
Euro Cargo Express
154-09 146th Ave.
Jamaica, NY 11434

RE: The tariff classification of footwear from France.

Dear Mr. Romano:

In your letter dated October 28, 2002, on behalf of your client DONNA BELLA you requested a tariff classification ruling.

The two submitted samples are described as follows:

Style “Le Boot” is an injection molded rubber/plastic waterproof boot, approximately 7-inches high with a textile material liner.

The applicable subheading for style “Le Boot,” will be 6401.92.90, HTS, which provides for waterproof footwear with soles and uppers of rubber or plastics, the upper’s of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes; which covers the wearer’s ankle, but does not cover the knee; which does not have a protective metal toe-cap; and which is lined or supported by material other than polyvinyl chloride. The rate of duty will be 37.5% ad valorem.

Style “LA Clog” is an injection molded rubber/plastic waterproof clog-type shoe that has a textile material lining and an open-heel.

The applicable subheading for style “Le Clog,” will be 6401.99.80, HTS, which provides for waterproof footwear with soles and uppers of rubber or plastics, the upper’s of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes; which does not cover the ankle; which does not have a protective metal toe-cap; which is not designed to be a protection against water, oil, grease or chemicals, or cold or inclement weather; in which the upper’s external surface area is over 90% rubber or plastics (including any accessories or reinforcements); and which does not have a foxing-like band applied or molded at the sole and overlapping the upper. The rate of duty will be Free.

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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