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NY E86397




September 22, 1999

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6406.10.9040

Irwin A. Seltzer
Union Transport Corp.
H.Z. Bernstein Co.
2975 Kennedy Boulevard
Jersey City, New Jersey 07306

RE: The tariff classification of a footwear upper from China

Dear Mr. Seltzer:

In your letter dated August 24, 1999, you requested a tariff classification ruling on behalf of your client, EJ Footwear Corp.

You submitted one sample which you call style #C8649. The item is an over the ankle, lace-up footwear upper with an attached bootie. You state the upper is made from Cordura which is a nylon material. The upper is completely open at the bottom and has not been shaped by lasting or molding.

We are returning the sample per your request.

The applicable subheading for the above upper will be 6406.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of footwear (including uppers whether or not attached to soles other than outer soles); Uppers and parts thereof, other than stiffeners: other: other: other: Of textile materials other than cotton: Of man-made fibers. The duty rate will be 6.8 percent ad valorem.

The above item falls within textile category designation 669. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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,

Leticia Moran
Port Director

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