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NY I80418




April 23, 2002

CLA-2-63:RR:NC:TA:351 I80418

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889; 6406.99.1540

Ms. Vicki Ostrom
T.H. Weiss & Co., Inc.
600 East Dallas Road
Suite 480
Grapevine, TX 76051

RE: The tariff classification of bicycle shoe covers from France.

Dear Ms. Ostrom:

In your letter dated April 4, 2002, on behalf of Zefal USA, you requested a tariff classification ruling. The samples are being returned as requested.

The samples submitted are bicycle shoe covers, item numbers K4911 (Speed), K4900 (Runner), K4910 (Track) and K4895 (Yutan). The articles are designed to be worn over a bicycle shoe to protect the wearer’s foot and shoe from windy and rainy weather conditions.

Item number K49ll is made of 100 percent Lycra nylon knit fabric panels. The panels are sewn together and designed as a sock to be pulled over the wearer’s shoe. It features an opening at the ball area and an opening at the heel area.

Item number K4900 is made of 100 percent Lycra nylon knit fabric. The exterior of the fabric has been coated on one side with 100 percent polytetrafluorethelene material. It features a hook and loop fastener to secure the top of the cover around the wearer’s shin and it also has an opening at the ball area and an opening at the heel area.

Item number 4910 is composed of two panels. The panels are made of 100 percent neoprene covered on the exterior and interior with man-made knit fabric. The panels are sewn together and designed to be pulled over the wearer’s shoes. It features an opening at the ball area and an opening at the heel area. It is approximately 9 inches high.

Item number K4895 is made of 100 percent neoprene covered on the exterior and interior with man-made knit fabric. The article is approximately 9 inches high. It features a hook and loop fastener to secure the top of the cover around the wearer’s shin and it also has a 1-inch wide hook and loop fastener stirrup strap passing under the arch of the foot to help hold the item in place on the shoe. We consider this item to be classifiable with gaiters, legging and other similar articles worn on the leg and in some cases even on part of the foot (the ankle and the instep), but never covering the entire foot like sock or stockings.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

The applicable subheading for item numbers K4911, K4900, and K4910 will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem.

The applicable subheading for item number K4895 will be 6406.99.1540, HTS, which provides for gaiters or leggings and similar articles and parts thereof, which are not footwear uppers or parts thereof, and which are of man-made textile materials. The rate of duty will be 15.3 percent 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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