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NY I88354




November 27, 2002

CLA-2-64:RR:NC:TA:347 I88354

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.11.90

Ms. Antonette Wright
Donna Karan Company
580 Gotham Parkway
Carlstadt, NJ 07072

RE: The tariff classification of footwear from China

Dear Ms. Wright:

In your letter dated November 15, 2002 you requested a tariff classification ruling.

The submitted half pair shoe sample, identified as style #23137212, “Dash Runner” is a woman’s athletic-type shoe. This sneaker-like shoe, which does not cover the wearer’s ankle, has an upper with a predominately textile material external surface area, a textile tongue, a zip-up closure at the instep and a molded rubber/plastic bottom that overlaps the upper at the sole. We note that you state in your letter that this shoe will be valued at over $14.00 per pair.

The applicable subheading for this shoe, identified as style #23137212 “Dash Runner” will be 6404.11.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface is predominately textile materials (excluding accessories and reinforcements); in which the outer sole’s external surface is predominately rubber and/or plastics; which is “athletic footwear”; and which is valued over $12.00 per pair. The rate of duty will be 20% ad valorem.

We are returning the sample as you 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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