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NY J85289




June 6, 2003

CLA-2-64: RR: NC: TA: 347 J85289

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.18

Mr. Kevin Maher
C AIR Customhouse Brokers
181 South Franklin Ave.
Valley Stream, NY 11581

RE: The tariff classification of footwear from China.

Dear Mr. Maher:

In your letter dated May 29, 2003, on behalf of your client Lot Stores Management Company, you requested a tariff classification ruling.

The submitted half pair sample, identified as Style # 225-4578, is a closed-toe, open-heel slipper that does not cover the ankle. The slipper has, as you state, a 100% polyurethane upper, a foam-padded insole and heel seat, and a sewn on rubber/plastic outsole.

The applicable subheading for Style # 225-4578, will be 6402.99.18, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles and uppers of rubber or plastics, having uppers of which over 90% of the external surface area (including accessories and reinforcements such as those mentioned in note 4 (a) to this chapter) is rubber or plastics, not covering the ankle, other. The rate of duty will be 6% ad valorem.

We are returning the sample(s) 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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