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NY I87589




November 5, 2002

CLA-2-64:G23 I87589

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.90

Mr. Michael O’Neill
O’Neill & Whitaker, Inc.
1809 Baltimore Ave.
Kansas City, MO 64108

RE: The tariff classification of spikeless athletic shoes from China.

Dear Mr. O’Neill:

In your letter of October 23, 2002, you requested a tariff classification ruling on behalf of your client, Brooks Sports.

The sample submitted with your request is style Mach 6.0 stock number 40006411, a low-cut athletic shoe with an upper of rubber/plastics and textile components and an outer sole of rubber/plastics. The sole neither has, nor has provision for, the attachment of spikes, sprigs, cleats, stops, clips, bars or the like. Instead it has a number of protuberant wedges measuring approximately 1/8 of an inch from the surrounding area of the sole. This design is not considered to be “sports footwear”.

The material of the upper having the greatest surface area is rubber/plastics, when all components contributing to the structural integrity of the shoe are included. The shoe has a lace closure. It does not feature a foxing-like band. It is valued at over $12.00 per pair.

The applicable subheading for style Mach 6.0 (SKU 40006411) will be 6402.99.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which both the upper’s and outer sole’s external surface is predominately rubber/plastics; which is not “sports footwear”; not covering the ankle; not measuring over 90% rubber/plastics in external surface area of the upper; not designed to be a protection against cold or inclement weather; valued over $12.00 per pair. The rate of duty will be 20% 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

If you have any questions pertaining to this matter, please contact Field National Import Specialist Leo S. Maciejewski at 207-771-3617 or National Import Specialist Richard Foley at 646-733-7042.

Sincerely,

Jeffrey Walgreen,
Port Director

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