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NY I87583




November 15, 2002

CLA-2-64:RR:NC:TA:347 I87583

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.90

Ms. Melissa Weiss
Barthco International, Inc.
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of footwear from China

Dear Ms. Weiss:

In your letter dated October 25, 2002, on behalf of Nine West, Inc., you requested a tariff classification ruling.

The submitted half pair sample, identified as style “NW Luckily” is a woman’s open-toe, open-heel, slip-on shoe with an upper vamp consisting of a single 2 ½-inch wide textile material band decorated with plastic beads and sequins, that crosses over the top of the wearer’s foot. The shoe also has a molded rubber/plastic bottom with an outer sole in contact with the ground consisting of rubber/plastics and three non-woven textile fabric surface area panels. You have provided a lab report indicating that non-woven textile fabric material accounts for 90.78% and rubber/plastics for 9.22% of the surface area of the outer sole in contact with the ground. Based on the submitted lab report and as per Chapter 64, Note 4(b), HTS, the constituent material of this shoe’s outer sole is textile.

The applicable subheading for this shoe, identified as style “NW Luckily” will be 6405.20.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the sole’s external surface is predominately other than rubber, plastics, leather or composition leather; in which the upper’s external surface is predominately textile materials; in which the fabric of the upper consists, by weight, predominately of fibers other than vegetable fibers or wool (linings, accessories or reinforcements not included); and which has a line of demarcation between the sole and the upper. The 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 646-733-3042.

Sincerely,

Robert B. Swierupski
Director,

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