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NY G85676




January 8, 2001

CLA-2-64:CO:CH:JJB D10 G85676

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.90

Susan Morelli
Saucony, Inc.
13 Centennial Drive
Peabody, MA 01960

RE: The tariff classification of two running shoes from China

Dear Ms. Morelli:

In your letter dated December 27, 2000, you requested a classification ruling of two running shoes from China.

You included a sample of each shoe, designated as style numbers 1201-3 Women’s Grid Web and as 2201-3 Men’s Grid Web. Both are running shoes, below the wearer’s ankle, with outer soles of rubber or plastic.

Both have uppers that are almost identical in design and materials. The uppers have external surface areas that are combinations of textile and rubber/plastic materials. The classification of these shoes will be determined by which of the two categories of materials, textile or rubber/plastic, predominate by measurement of external surface area. This determination will hinge on whether one of the upper’s components, the plastic webbing strips, are included in the measurement of the external surface areas of the uppers. We have determined to include these plastic web strips in the measurement. In your letter, you stated that, when these web strips are included in the measurement, both shoes have uppers whose external surface areas are predominately rubber/plastic, that is, 56.21% plastic for style 1201-3 and 58.72% for style 2201-3. You also stated that these shoes will be imported at a price of more than $12.00 a pair.

The applicable subheading for both of these shoes, designated as style number 1201-3 Women’s Grid Web and as style number 2201-3 Men’s Grid Web, will be 6402.99.90, Harmonized Tariff Schedule of the United States (HTS), which provides for other footwear with outer soles and uppers of rubber or plastics: other than sports footwear, etc.: not covering the ankle: which has uppers of which not over 90 % of the external surface area is rubber or plastics and are also other than protective footwear and other than open toe, open heel or slip-on footwear: valued over $12.00. The duty rate will be 20%.

The two sample shoes are being returned.

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. If you have any questions regarding this ruling, contact Field National Import Specialist James Bruton at 312/983-1132 or National Import Specialist Richard Foley at 212/637-7089.

Sincerely,

Robyn Dessaure Port Director
Chicago, Illinois

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