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NY 881683




February 01,1993

CLA-2-:S:N:N8:346-T

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.20

Mr. Steven A. Mills
China Sea Traders, Inc.
1235 North Tustin Ave.
Anaheim, CA 92807-1603

RE: The tariff classification of two women's "snow joggers", from China.

Dear Mr. Mills:

In your letter dated January 5, 1993, you requested a tariff classification ruling.

The submitted samples are two half pairs of women's "snow joggers", both approximately 7 inches in height, with predominately textile uppers, extensive suede leather overlays and reinforcements stitched onto the uppers, EVA midsoles and cemented-on, traction grooved rubber outsoles.

Style #HW 8747-145 is white and grey in color, with a seven eyelet lace closure and Style #HW 8748-145 is black, with three 1 inch wide "hook and loop" closure straps at the instep. Additionally, both "snow joggers" also have foam padded uppers with thick synthetic fleece linings, padded fleece faced tongues, fleece faced insoles and fleece covered toplines. These shoes are intended for winter wear and are specifically designed to provide the wearer with protection against cold weather.

The applicable subheading for the two "snow joggers", your Style
#HW 8747-145 and Style #HW 8748-145, will be 6404.19.20, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's external surface is predominately textile materials (Note that an accessory or reinforcement stitched on top of another material is not part of the upper's external surface, but the material hidden underneath is); in which the outer sole's external surface is predominately rubber and/or plastics; which is other than athletic footwear; and which is designed to be a protection against water, oil, or cold or inclement weather. The rate of duty will be 37.5 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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