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NY F80408




December 17, 1999

CLA-2-64:CO:CH:JJB D10 F80408

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.91.80

Gregg R. Smith
Weyco Group
P. O. Box 1188
Milwaukee, Wisconsin 53201-1188

RE: The tariff classification of an athletic shoe from China

Dear Mr. Smith:

In your letter dated November 30, 1999, you requested a classification ruling of an athletic shoe from China. You included a sample shoe, identified with a tag as being model number 7085.

It is an athletic, or sneaker, type of shoe for men. It has an outer sole of rubber or plastics. It has an upper whose external surface area is almost entirely of plastics. This shoe covers the wearers ankle bone. This shoe could possibly have an upper whose external surface area is over 90% rubber or plastics, but it also has an outer sole which overlaps the upper by a considerable margin. We have determined that this sample shoe has a foxing-like band. In a telephone conversation with Customs subsequent to your ruling request letter, you stated that this shoe will be priced at between $6.50 and $12.00 per pair.

The applicable subheading for this sample shoe, identified as model number 7085, will be 6402.91.80, Harmonized Tariff Schedule of the United States (HTS), which provides for other footwear with outer soles and uppers of rubber or plastics: other footwear: covering the ankle: which have uppers of which over 90 % of the external surface area is rubber or plastics but which also have a foxing-like band and are also other than protective footwear and other than open toe, open heel or slip-on footwear: valued over $6.50 but not over $12.00/pair. The duty rate will be 90 cents per pair plus 20% of the value.

This sample shoe is not marked with the country of origin. Therefore, if imported as is, this shoe will not meet the country of origin marking requirements of 19 USC 1304. Accordingly, this shoe will be considered not legally marked under the provisions of 19 CFR 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."

The sample shoe is being returned as you requested.

This ruling is being issued under the provisions of Part 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,

Robyn Dessaure

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