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NY I86616



November 3, 2002

CLA-2-64:K:TO:A3:D23 I86616

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6404.20.4030; 6404.20.4060; 6404.20.4090

Mr. Charles G. Hartill
Charles G. Hartill, LCHB c/o Capital Transportation
147-217 175th Street
Jamaica, NY 11434

RE: The tariff classification of a shoe from Brazil.

Dear Mr. Hartill:

In your letter dated October 8, 2002, received by the Customs Information Exchange on October 10, your company requested a tariff classification on behalf of your client, Ballet Makers, Inc.

You included a sample, style no. BR 15, and described it as a dance shoe with a leather sole and an upper of textile materials. The estimated first cost per pair will be $13.15 for adults and $11.45 for children and youths. You included a laboratory report that listed the weight of the component material of the shoe as follows: metal 2.81%, paper 4.55%, leather 50.64%, rubber/plastics 12.99% and textile materials 29%. These measurements are subject to verification at examination upon importation. The shoe will be imported from Brazil.

The applicable subheadings for the men’s shoe will be 6404.20.4030, for the women’s shoe 6404.20.4060, and for children and youths 6404.20.4090, Harmonized Tariff Schedule of the United States, which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials; footwear with outer soles of leather or composition leather; not over 50 percent by weight of rubber or plastics and not over 50 percent by weight of textile materials and rubber or plastics with at least 10
percent by weight being rubber or plastics; valued over $2.50/pair. The duty rate will be 10% 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 documentation filed at the time this merchandise is imported. If you have any questions regarding the ruling, please contact Field National Import Specialist Noel Hadley at (718) 553-1608 or National Import Specialist Richard Foley at (646) 733-3042.

Sincerely,


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