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HQ 085179


October, 17, 1989

CLA-2:CO:R:C:G 085179 SR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.3560

Ms. Carol Jenner
Ann Marino, A Division of New York Transit 2707 McCone Avenue
Hayward, CA 94545

RE: Classification of glass beaded footwear

Dear Ms. Jenner:

This is in reference to your letter dated June 23, 1989, requesting the tariff classification of a glass beaded shoe under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample produced in Hong Kong was submitted.

FACTS:

The merchandise at issue is a glass beaded shoe. The shoe is a woman's high-heeled shoe that has a surface of textile material with decorative patterns of glass beads sewn to the surface.

ISSUE:

What is the external surface of the upper for classification purposes?

LAW AND ANALYSIS:

Note 4(a) to chapter 64, HTSUSA, states that the material of the upper shall be taken to be the constituent material having the greatest external surface area, no account being taken of accessories or reinforcements such as ankle patches, edging, ornamentation, buckles, tabs, eyelet stays or similar attachments.

The glass beads on the shoe at issue are merely for ornamentation. The beads, which are the same color as the textile material of the shoe to which they are applied, are attached in a decorative pattern which does not cover the entire surface of the shoe. It is the textile material that makes up the external surface of the shoe.

HOLDING:

The merchandise at issue is classifiable under subheading 6404.19.3560, HTSUSA, as footwear with outer soles of rubber or plastics, and uppers of textile, other, of the slip-on type, that is held to the foot without the use of laces or buckles or other fasteners, the foregoing except footwear having a foxing or foxing-like band, other, other, for women. The rate of duty is 37.5 percent ad valorem.

Sincerely,

John Durant, Director

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