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NY I87851




November 6, 2002

CLA-2-64:RR:NC:TA:347 I87851

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.18

Ms. Debbie Seidl
Candie’s Inc.
400 Columbus Ave.
Valhalla, NY 10595

RE: The tariff classification of footwear from China

Dear Ms. Seidl:

In your letter dated October 16, 2002 you requested a tariff classification ruling.

The submitted half pair sample, identified as Style #PS-3009, is a woman’s open-toe, open-heel slip-on shoe. It has an upper consisting of three ½-inch wide straps that cross the wearer’s instep, where they meet and form a rectangular shaped ornamental vamp that features four small wood beads, and these straps are secured under the shoe’s textile footbed insole. Visual examination of the shoe indicates that the upper vamp and straps consist of individual interwoven string-like textile fiber material bundles to which an external layer of rubber/plastics has been applied. In this regard, the upper of this shoe will be considered rubber/plastics for tariff purposes as enumerated in Note 3(a) to chapter 64, Harmonized Tariff Schedule of the United States (HTS) which states that, for the purposes of chapter 64, “the terms ‘rubber’ and ‘plastics’ include woven fabrics or other textile products with an external layer of rubber or plastics being visible to the naked eye; for the purpose of this provision, no account should be taken of any resulting change of color.” This sandal-like shoe also has a 1-inch high textile faced foam plastic midsole and a cemented-on rubber/plastic outer sole. You state that it will be valued at $5.15 per pair.

The applicable subheading for this shoe, identified as Style #PS-3009, will be 6402.99.18, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface area is over 90% rubber or plastics (including any accessories or reinforcements); in which the outer sole’s external surface is predominately rubber and/or plastics; which is not “sports footwear”; which does not have a foxing-like band; and which does not cover the ankle. The rate of duty will be 6% 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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