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NY K87123




June 28, 2004
CLA-2-64:RR:NC:247: K87123

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.90.90

Ms. Barbara Clausen
FedEx Trade Networks
205 West Service Road
Champlain, NY 12919

RE: The tariff classification of footwear from China

Dear Ms. Clausen:

In your letter of June 15, 2004, you requested a tariff classification ruling on behalf of Gen-X Sports, Inc., for an item identified as “Sole Sucker” strapless sandals.

The item submitted is a pair of approximately ½ inch thick plastic soles that attach directly to the bottom of the foot. The sandals do not have a traditional “upper” but stick to the foot by means of an unidentified “hypoallergenic substance that acts like a tree frog’s natural secretion which helps them stick to branches and plants.” The retail packaging states that “Sole Suckers” are reusable and will stay sticky 200 uses or more. The sandals are pre-packaged and ready for retail sale with no further processing required.

The applicable subheading for the “Sole Sucker” sandals will be 6405.90.90, Harmonized Tariff Schedule of the United States (HTS) which provides for other footwear, other, other. The rate of duty will be 12.5 percent 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 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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