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NY I87744





December 12, 2002

CLA-2-64:K:TO:A3:D23 I87744

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.1871

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 China.

Dear Mr. Hartill:

In your letter dated November 12, 2002, received by the Customs Information Exchange on November 14, your company requested a tariff classification on behalf of your client, Ballet Makers, Inc.

You included a sample, style no. FF4, and described it as a dance shoe with a plastic upper and a plastic sole. The estimated first cost will be $2.90 per pair. The shoe will be imported from China.

The applicable subheading for the shoe will be 6402.99.1871, Harmonized Tariff Schedule of the United States, which provides for other footwear with outer soles and uppers of rubber or plastics; other footwear; other; having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather); other; other; other; other. The duty rate will be 6% 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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