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May 3, 1999

CLA-2-64:RR:NC:TP:347 E80888

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.19.15

Mr. John B. Pellegrini
Ross & Hardies
Park Avenue Tower
65 East 55th Street
New York, N.Y. 10022-3219

RE: The tariff classification of rubber/plastic baseball shoes from China, Indonesia, Thailand.

Dear Mr. Pellegrini:

In your letter dated April 15, 1999, written on behalf of your client, adidas America, Inc., you requested a tariff classification ruling.

You have submitted a sample of what you state is a baseball shoe with a rubber/plastic upper and a rubber/plastic outer sole which features cleats along the surface of the outer sole. You state that the footwear will be produced in a variety of countries including Indonesia, Thailand, and the People’s Republic of China.

There are two textile features on the upper, the topline and a pull-tab loop at the back of the shoe. You state that, taken together, these two textile features do not make up 10% of the external surface area of the upper. The sole consists of removable rubber/plastic cleats and an EVA midsole. The sole overlaps the upper by more than 1/4 inch from the middle to the back portion of the shoe. You state that this overlap covers approximately 43.65% of the perimeter of the shoe. The area of overlap is not visible when looking at the shoe from the front, but can be seen when viewed from the side. Consequently, a foxing-like band is not present because the overlap of the upper by the sole does not substantially encircle the entire shoe.

The applicable subheading for the baseball shoe will be 6402.19.15, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which both the upper and outer sole’s external surface area is predominately rubber and/or plastics, which is “sports footwear,” in which the upper’s external surface area is over 90% rubber and/or plastics, which does not possess a foxing-like band, which is not waterproof, which is not designed to be a protection against water, oil, grease or chemicals or cold or inclement weather, which is other than golf footwear. The rate of duty will be 5.1% 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. If you have any questions regarding the ruling, contact National Import Specialist Richard Foley at 212-637-7089.

Sincerely,

Robert B. Swierupski
Director,

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