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NY H80751




May 30, 2001

CLA-2-64:RR:NC:TA:347 H80751

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.19.90

Ms. Marie Ball
Pearl Izumi
620 Compton St.
Broomfield, CO 80020

RE: The tariff classification of a bicycle shoe from China

Dear Ms. Ball:

In your letter dated May 16, 2001 you requested a tariff classification ruling.

The submitted half pair sample, identified by you as style name “Vortex” road riding bicycle shoe, is a below the ankle height cycling shoe complete with a metal plate imbedded in its molded plastic outer sole to which a pedal cleat will be mounted. The shoe has an upper with an external surface area consisting of both stitched together textile fabric and rubber/plastic material component parts. In your letter you state that the upper is actually “51% synthetic,” by which we presume you mean that rubber/plastic materials account for over 50% of the upper’s external surface. Based on our visual measurements, we have determined that the upper of this cycling shoe has an external surface area that is predominately rubber/plastics by an even larger percentage. The shoe also has three hook-and-loop closure straps across the instep, which can be adjusted to improve the fit, and a rubber/plastic outer sole with molded-on rubber/plastic cleat-like projections, some measuring as much as ½-inch in height. In a follow-up telephone conversation with this office, you stated that this bicycle shoe will be valued at over $20 per pair.

The applicable subheading for this bicycle shoe, identified as style “Vortex” will be 6402.19.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which both the upper’s and the outer sole’s external surface is predominately rubber and/or plastics; which is “sports footwear”; in which the upper’s external surface area does not measure over 90% rubber and/or plastics (including any accessories or reinforcements); and which is valued over $12 per pair. The rate of duty will be 9% ad valorem.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. We note that the sample shoe you have provided for this ruling request is not marked with the country of origin. Therefore, if imported as is, the shoe does not meet the country of origin marking requirements of the marking statute and will be considered not legally marked.

We are returning the sample 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 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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