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NY H89734




April 15, 2002

CLA-2-64:RR:NC:TA:347 H89734

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.90

Ms. Kristi L. Brokaw
Adidas America
5055 N. Greeley Ave.
Portland, OR 97217

RE: The tariff classification of footwear from Italy

Dear Ms. Brokaw:

In your letter dated March 25, 2002 you requested a tariff classification ruling for a pair of men’s casual wear shoes that you state will be imported together with a woven cotton textile fiber material drawstring bag in a cardboard shoebox.

The submitted sample is a man’s casual-type shoe, identified as Project #22GEQ002 and style name “Equipment Lateral.” The shoe has an upper with an external surface area consisting of textile and leather component materials assembled by stitching. The leather surface portions of this shoe’s upper extend in a wave-like pattern about midway up from a molded rubber/plastic bottom, starting around and behind the heel and continuing along the full length of the outside quarters to the front area at the toe. Except for a narrow leather topline trim around the ankle, the balance of the upper surface area is textile. The shoe also feature an elasticized textile gusset throat and a separately sewn-on leather “buckle” strap which has two metal snap fasteners and functions as a closure at the instep. We consider the leather buckle-like closure strap attachment to be an accessory or reinforcement and it will not be included in the upper’s external surface area. We note that in your letter you state that with the leather “buckle” excluded, the external surface area of this shoe’s upper is 52% textile material and 48% leather. Therefore, this shoe is considered to have a textile upper for footwear classification purposes.

The woven textile fabric “shoe bag” that you state will be imported with a pair of these shoes packed together in a single shoebox, measures approximately 14-inches wide, 16-inches long and has a drawstring closure on top. A circular silver design log with three horizontal stripes is imprinted on the center of the bag and this same design logo is prominently displayed on the shoe as well as on the submitted cardboard shoebox. Although you do not state this in your letter, we will presume that the shoe bags are never individually sold at retail but only accompany shoes at the time of retail sale and are only meant for storing the shoes when they are not in use.

GRI 3(b) provides for composite goods made up of different components. Explanatory Note IX to GRI 3(b) provides that composite goods can consist of separable components, provided these components are adapted to one another and are mutually complementary and that together they form a whole that would not normally be offered for sale separately. The shoes and bag are a composite good as that term is defined and applied in the HTSUS. In this case, the components are separate but are mutually complementary. The simple drawstring bag is made of a textile material, and is the type often included with good quality footwear. It is large enough to accommodate a pair of shoes for storage. In this regard, the shoes and bag together form a composite article classified according to GRI 3(b). Composite goods are classified according to the component which gives them their essential character. Therefore this pair of shoes and accompanying bag constitute a composite article classifiable with the rate applicable to the shoes.

The applicable subheading for the pair of shoes and the accompanying bag, identified as Project #22GEQ002, style name “Equipment Lateral,” will be 6404.19.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface is predominately textile materials; in which the outer sole’s external surface is predominately rubber and/or plastics; which is not “athletic” footwear; which is not designed to be a protection against water, oil or cold or inclement weather; which does not have open toes or open heels; which is not a slip-on; and which is valued, we presume, over $12.00 per pair. The rate of duty will be 9% 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 646-733-3042.

Sincerely,

Robert B. Swierupski
Director,

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