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NY 811744




July 12, 1995

CLA-2-64:S:N:N6:346 811744

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.50 ; 7117.19.9000 ; 7117.90.7500 ; 6217.10.9030

Mr. Robert L. Eisen
Coudert Brothers
1114 Avenue of the Americas
New York, N.Y. 10036-7703

RE: The tariff classification of a woman's canvas upper shoe and a base metal bar pin imported together.

Dear Mr. Eisen:

In your letter dated June 15, 1995, on behalf of your client Sam & Libby, Inc., you requested a tariff classification ruling for a woman's casual shoe, style name designation "Hey Jude", which you state will be imported and packaged together in a shoe box with a bar pin made of base metal, or plastic or from a polyester textile material. Both the shoes and the pins will be manufactured in and imported from China.

The shoe is of low-top casual oxford design, with a canvas textile upper, a five eyelet lace closure, a heavy molded rubber outer sole/bottom, a rubber toe cap and a fully encircling rubber foxing tape sidewall, approximately 3/4 inch high, which overlaps the upper. The value of the shoe, you state, will be under $3.00 per pair.

The submitted sample pin measures approximately 3/4 inches in length and is made from base metal. The front of the pin is molded or cast in a pink folded ribbon motif. You state that the ribbon motif face may also be made from plastic or from a polyester textile material, but actual samples of such pins were not submitted. The backs of the pins, in all cases, will consist of a straight brooch-type pin with a hinged eyelet closure. You state, that all pins will be value at approximately $.35 each, regardless of the materials utilized to make them.

The question to consider is whether the shoe and the pin, when packaged together for importation into the U.S., constitute a composite good or a retail set, and if so, how to classify them.

We note here, that you have proposed two scenarios as to how the pin may be imported. We will presume for this ruling, that you will use the method which calls for the pin to be mounted on a small paperboard card that will be placed within the shoe box, separate from the shoes. The card, you indicate, will state the following suggestion: "Please pin this on your jeans, jacket, sneakers, or use as a bookmark". By taking these steps to identify the pin as an independent and distinct item, which should not be considered as an accessory to, or as an ornamental part of the shoes, we believe that the pin and the shoes are separately classifiable. If however, you opt for importing the pin detached from the shoes and packed loose with them in the shoe box, then we are not certain of how to proceed with their classification. In that case, a separate classification ruling must be sought by you directly from Customs Headquarters, Washington D.C.

The applicable subheading for the shoe, style name "Hey Jude", will be 6404.19.50, 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 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 not "athletic" footwear; which is not designed to be a protection against water, oil or cold or inclement weather; which is valued at or under $3.00 per pair; and which has a foxing-like band almost wholly of rubber or plastic. The rate of duty will be 48 percent ad valorem.

The applicable subheading for the pin, if of metal, will be 7117.19.9000, HTS, which provides for imitation jewelry, of base metal, whether or not plated with precious metal, other. The rate of duty will be 11 percent ad valorem. If the ribbon motif face of the pin is made of plastic, it will be classifiable under 7117.90.7500, HTS, free of duty.

The applicable subheading for the pin, if it is made with a polyester textile ribbon bow facing, will be 6217.10.9030, HTS, which provides for other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Of man-made fibers. The rate of duty will be 15.4 percent ad valorem.

This pin (made with a polyester ribbon facing) falls within textile category designation 659. Based upon international textile trade agreements, products of China are presently subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an international issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

We are returning your samples as you requested.

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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