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NY B89789




September 30, 1997

CLA-2-64-NO:CO:FNIS D09

CATEGORY : Classification

TARIFF NO.: 6402.99.18 and 6402.99.80

Ryden Richardson, Jr.
Director, Customs Administration
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026-0945

RE: The tariff classification of three bowling shoes from China

Dear Mr. Richardson:

In your letter dated September 12, 1997, you requested a tariff classification ruling on behalf of your client, Hawe Yue, Inc.

You submitted three samples which are labeled Styles BW96001A, BW96002B, and BM96003A. You state the external surface of the upper is polyurethane and the outer sole surface is rubber and leather. Visual examination reveals the rubber portion to be the predominant material of the sole.

You refer to a ruling issued on a similar style by our office and believe these styles should also be 6402.99.18. We agree with you for Style BW96002B. However the soles of Styles BW96001A and BM96003A overlap the upper on over 50 percent of the perimeter of the shoe. We consider these two styles to have a foxing-like band.

We note that the submitted samples are not marked with the country of origin. Therefore if imported as is, the samples will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the shoes would not be considered legally marked under the provisions of 19 C.F.R.134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit."

We are returning your samples as you requested.

The applicable subheading for Style BW96002B will be 6402.99.18, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the upper's external surface is predominately rubber and/or plastic; in which the outer sole's external surface is predominately rubber and/or plastics; which is other than sports footwear; in which there is no protective metal toe-cap; in which the top of the upper is below the top of the ankle bone; in which the upper's external surface is over 90% rubber and/or plastics after every accessory and reinforcement present is included as part of the upper's external surface; which is not designed to be a protection against water, oil or cold or inclement weather; which does not have a foxing-like band; which is other than a "zori"; and which is made other than on a base or platform of either wood or cork. The duty rate will be 6 percent ad valorem.

The applicable subheading for Styles BW96001A and BM96003A will be 6402.99.80, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's external surface is predominantly rubber and/or plastics (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 "sports footwear"; which does not have a protective metal toe-cap; in which the top of the upper is below the top of the ankle bone; which is not designed to be a protection against water, oil, or cold or inclement weather; which has a foxing-like band; and which is valued, we assume, over $6.50 but not over $12 per pair. The rate of duty will be 90 cents per pair plus 20 percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Allen H. Paterson
Port Director

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