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NY H89666





April 4, 2002

CLA-2-64:RR:NC:TA:347 H89666

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.90 ; 6403.99.60 ; 6403.99.90

Mr. Peter Mento
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, WA 98104

RE: The tariff classification of footwear from China.

Dear Mr. Mento:

In your letter dated March 20, 2002, on behalf of your client Savier, Inc., you requested a tariff classification ruling for three styles of athletic-type shoes and you have submitted a half pair sample of each for examination. The three shoes are identified as style names Brad Staba, Brad Staba Leather and Brian Anderson.

Style “Brad Staba” is an athletic-type shoe with a lace closure, a padded textile tongue and has an upper that does not cover the wearer’s ankle. The shoe’s upper consists of functionally stitched together rubber/plastic and woven textile material component parts. The upper features inner and outer textile side panels, a rubber/plastic toe and vamp portion and a rubber/plastic back/heel portion that also extends forward as a 1-inch wide band along the topline edge of the instep. As you state in your letter and as the Interim Footwear Invoice form supplied by the seller indicates, this shoe has an upper with an external surface area that is 62% rubber and plastics and 38% textile materials. The shoe also has a cemented-on rubber and/or plastic outer sole. In a follow-up telephone conversation, you have informed this office that this shoe will be valued at over $24 per pair.

Style “Brad Staba Leather” is very similar in look and construction to the above described shoe style “Brad Staba,” with the main difference being that this shoe has an upper consisting of functionally stitched together rubber/plastic and suede leather component parts. On this style, the shoe upper has an external surface area that is 68% rubber/plastics, but instead of gray color textile material side panels, this shoe upper has tan color suede leather ones, which the supplied Interim Footwear Invoice form indicates account for 32% of the upper’s external surface. This shoe also has a cemented-on rubber/plastic outer sole. You have informed us by telephone that this shoe will also be valued at over $24 per pair.

The third sample, identified as style “Brian Anderson,” is an athletic-type shoe with an upper that has a predominately leather external surface area consisting of stitched-in suede leather sides, leather rear quarters that wrap partially around the heel and also includes a mostly leather vamp. The upper also has a rubber/plastic bumper-like external stiffener at the back of the heel and an approximately 1-inch high rubber/plastic band-like portion stitched-in at and around the toe. The upper of this shoe does not cover the ankle and the shoe has a cemented-on rubber/plastic sole. Since this is the type of footwear that is commonly worn by both sexes, and no indication is provided by you that comparable styles are offered for women, this shoe is considered “unisex” in sizes up to and including American men’s size 8.

Therefore, the applicable subheading for the athletic-type shoe, identified as style “Brian Anderson,” in American men’s size 8.5 and larger will be 6403.99.60, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, with uppers predominately of leather and outer soles of rubber, plastics or composition leather; which is not “sports footwear”; which does not cover the ankle; for men, youths and boys. The rate of duty will be 8.5% ad valorem. In sizes up to and including American men’s size 8, the applicable subheading will be 6403.99.90, HTS, which provides for footwear with upper’s predominately of leather and outer soles of rubber, plastics or composition leather; which does not cover the ankle; which is valued over $2.50 per pair; for other persons. The rate of duty will be 10% ad valorem.

The applicable subheading for the other two shoes submitted and identified as style names “Brad Staba” and “Brad Staba Leather,” will be 6402.99.90, HTS, which provides for footwear, in which both the upper’s and outer sole’s external surface is predominately rubber and/or plastics; which is not “sports footwear”; which does not cover the ankle; in which the upper’s external surface area does not measure over 90% rubber or plastics (including any accessories or reinforcements); which is not designed to be a protection against water, oil, or cold or inclement weather; and which is valued over $12.00 per pair. The rate of duty will be 20% ad valorem.

We are returning the samples 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 646-733-3042.

Sincerely,

Robert B. Swierupski
Director,

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