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NY F85183




April 21, 2000

CLA-2-64:RR:NC:TP:347 F85183

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.90

Ms. Martha Spagnuolo
Dash America, Inc.
620 Compton Street
Broomfield, CO 80020

RE: The tariff classification of a bicycle shoe cover from Indonesia.

Dear Ms. Spagnuolo:

In your letter dated March 5, 2000 you requested a tariff classification ruling.

You have submitted a sample of what you refer to as a “Wind Toe Cap” for cycling shoes, style AS1037. You state that this “Wind Toe Cap,” or bicycle shoe cover, is meant to be slipped on a cycling shoe for warmth and protection. It is designed to be worn over a bicycle shoe that attaches to a pedal by means of a clip and hook. In this regard, there is a circular hole cut into the sole of the “Wind Toe Cap” measuring about 2¼ inches long and 1½ inches wide to accommodate the attachment of the cycling shoe to the bike pedal while wearing the “Wind Toe Cap.”

The toe cap (shoe cover) itself measures approximately 5 inches long and 4 inches wide and fits over the frontal toe-cap area of the cycling shoe, therefore, most of the bottom of the cycling shoe would be exposed. The shoe cover is made up of a textile upper and textile sole. Shoe covers of this type, even if covering only the forefoot area, are considered footwear.

The applicable subheading for the “Wind Toe Cap” will be 6405.20.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the sole’s external surface is predominately other than rubber, plastics, leather or composition leather, in which the upper’s external surface is predominately textile material, in which the upper, by weight, predominately consists of fiber other than vegetable fiber or wool, and which has a line of demarcation between the sole and the upper. The rate of duty will be 12.5% ad valorem.

This item falls within textile category 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

We also note that the submitted sample is not marked with the country of origin. Therefore, if imported as is, the samples submitted will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the shoes would be considered not 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.”

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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