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NY 802026




October 11, 1994

CLA-2-64:S:N:N8:346 802026

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.11.20 ; 6404.11.90

Mr. Stephane Machetto
DUEGI
8011 Romaine St. #112
Los Angeles, CA 90046

RE: The tariff classification of bicycling shoes from Italy.

Dear Mr Machetto:

In your letter dated September 9, 1994, you requested a tariff classification ruling.

Your ruling request involves the classification of 5 separate style designations of textile upper, rubber/plastic (some with metal fittings) outer soled cycling shoes. Your previous request, along with your samples, was returned to you asking for additional information to be supplied regarding the various shoe upper's external surface area measurements. Your present request now provides surface area percentage measurements for 5 "DUEGI" cycling shoe styles, but you have neglected to resubmit the actual shoe samples as required. To avoid any more delay and inconvenience to you and because we have already had a chance to examine these shoe samples previously, we will issue this ruling, relying mainly on the material facts you have now supplied and on our best recollection of the actual shoe samples your listed item names and descriptions are presumed to represent.

Item "Flash", is a cycling shoe with a predominately textile upper and a plastic/rubber outer sole. Your specifications indicate that the upper has plastic accessories and reinforcements and that it is priced over $12.00 per pair.

Item "XX Racing", is a cycling shoe with a predominately textile upper and a plastic/rubber outer sole. Your external surface area measurements of the upper indicate that this shoe has both plastic and leather accessories and reinforcements, with leather accounting for 32% of the upper's external surface. This shoe is priced over $12.00 per pair.

Item "Colorado Black", is a cycling shoe with a predominately textile upper and a plastic/rubber outer sole. Your specifications indicate that the upper has plastic accessories and reinforcements, and that it is priced at over $12.00 per pair.

Item "Tour", is a cycling shoe with a predominately textile upper and a plastic/rubber outer sole. Your external surface area measurements of this shoe's upper state that it has 52% leather accessories and reinforcements. The shoe is priced at over $12.00 per pair.

Item "Colorado Blue", is a cycling shoe with a predominately textile upper and a plastic/rubber outer sole. Your specifications for this shoe state that its upper has plastic (PVC) and leather accessories and reinforcements, and that leather accounts for 68% of the upper's external surface area.

The applicable subheading for the two cycling shoes identified as "Tour" and "Colorado Blue" 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 prodominately rubber and/or plastics; which is "sports footwear"; and in which the upper's external surface area 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.

The applicable subheading for the three cycling shoes identified as "Flash", "XX Racing" and "Colorado Black", will be 6404.11.90, 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 "sports footwear"; in which the upper's external surface is still 50% or less leather even after every leather accessory and reinforcement present is included as part of the upper's external surface; and which is valued over $12.00 per pair. The rate of duty will be 20 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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