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NY H84930




August 28, 2001

CLA-2-64:RR:NC:TA:347 H84930

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.90

Mr. Eduardo Ortiz
Blanca D. Dominguez
3712 Santa Ursula Av.
Laredo, TX 78041

RE: The tariff classification of footwear from Mexico

Dear Mr. Ortiz:

In your letter dated August 13, 2001, on behalf of your client Safe Start, Inc., you requested a tariff classification ruling.

The submitted sample, identified as “Scootie Booties” Model #32011-45, is a pair of infant’s booties with textile fabric uppers that feature a snap closure at the ankle and which also have separately sewn-on textile outer soles that are covered with an evenly spaced pattern of small rubber/plastic traction dots, spaced approximately ¼-inch apart on center. Since previous rulings have already determined that these traction dots are not akin to the “spikes, bars, nails, protectors or similar attachments” enumerated in Chapter 64, note 4(b) and thus must be taken into consideration when determining the constituent material on the outer sole, the proper classification determination is therefore contingent on whether the rubber/plastic or the textile has the greatest contact with the ground. Even though you have not provided any actual surface area measurements for this sample, based on our visual examination of the sole, we have determined that more of the textile material contacts the ground. Therefore, this infant’s bootie will be classified as having a predominately textile outer sole. In addition, you state that this bootie has a textile fabric upper consisting of a blend of 50% cotton and 50% polyester fibers. Based on the given fiber content, which we presume is a weight percentage ratio, this footwear bootie has an upper that is not predominately of vegetable fibers.

The applicable subheading for the “Scootie Booties” Model #32011-45, as described above will be 6405.20.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the outer sole’s external surface is not predominately rubber, plastics, leather or composition leather; in which the upper’s external surface is predominately textile materials; in which the upper consists, by weight, of fibers other than of vegetable fibers or wool (linings, accessories and reinforcements not included); and which has a line of demarcation between the sole and the upper.. The general rate of duty will be 12.5% ad valorem.

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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