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NY 883176




March 22, 1993

CLA-2-64:S:N:N8:346-T 883176

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.11.20

Ms. Carolyn B. Malina
Montgomery Ward & Co. Inc.
Montgomery Ward Plaza, 3-B
Chicago, IL 60671

RE: The tariff classification of a man's jogging shoe from China.

Dear Ms. Malina:

In your letter dated February 22, 1993 and received on March 2, 1993, you requested a tariff classification ruling.

The submitted sample, Style #8947, is a man's low-top jogger type shoe, with a predominately textile upper, a two strap "hook and loop" closure and extensive suede leather reinforcements and overlays around the toe, at the sides and all around the back of the heel. The shoe also has a cemented-on EVA midsole and a rubber/plastic outer sole, which overlaps the upper at the toe.

The applicable subheading for this jogger style shoe will be 6404.11.20, 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 a tennis, basketball, gym or a training (jogging) shoe or the like; and in which the upper's external surface is over 50% leather after every leather accessory and reinforcement present is included as part of the upper's external surface. The rate of duty will be 10.5 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,


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