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NY 884564




CLA-2-64:S:N:N8:346 ST 884564

CATEGORY: CLASSIFICATION

TARIFF NO.: 6406.10.7000

Mr. Donald Perrone
W.N. Proctor
10 Moulton Street
Portland, ME 04101-5039

RE: The tariff classification of a partial upper, i.e., shaft of a "bean boot" from the Dominican Republic.

Dear Mr. Perrone:

In your letter dated March 31, 1993, for L.L. Bean Co., you requested a tariff classification ruling.

Your sample, a 5 inch high shaft, style MHS2000, is made of fabric with leather overlays stitched atop most of the fabric. There is a large leather tag near the top of the external side of the tongue into which is stamped "L.L Bean" and also "FREEPORT, MAINE", in letters one quarter inch high.

The applicable subheading for this shaft will be 6406.10.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for shoe uppers or external parts thereof, whose external surface is predominately textile material (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) and whose external surface is over 50% leather after every leather accessory or reinforcement is included as part of its external surface. The item will be free of duty.

Following CR 134.36 (b), you must individually mark each shaft with "Part Made in the Dominican Republic" or an equivalent, although not necessarily in a location in which it will be seen by the purchaser of the finished boot, e.g., on its inside bottom edge. Since you plan to leave the "FREEPORT, MAINE" in question attached so that it will be seen by the purchaser of the finished shoe, that may be a violation of laws administered by the Federal Trade Commission (FTC). Whether or not the labeling here is acceptable under those laws is a question which must be directed to the FTC's Division of Enforcement.

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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