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NY L84467




May 10, 2005

CLA-2-64:RR:NC:SP:247 L84467

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.30.00

Ms. Melissa Fox
Barthco International, Inc.
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of footwear from China

Dear Ms. Fox:

In your letter dated April 27, 2005, on behalf of Nine West, you requested a tariff classification ruling.

The submitted half pair sample identified as style “nk-Elkan,” is a women’s open-heel clog-type slip-on shoe with a suede leather upper, a wood platform midsole and a cemented-on rubber/plastic outer sole. The shoe does not have a separately attached inner sole but merely has an oblong piece of suede leather with the Nine West logo, glued on at the back end of the wood platform where the heel rests.

The applicable subheading for the clog-type shoe identified as style “nk-Elkan” will be 6403.30.00, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with leather uppers (excluding all accessories and reinforcements) and plastic and/or rubber outer soles, made on a base or platform of wood, not having an inner sole or a protective metal toe-cap. The rate of duty will be Free.

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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