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NY I88579




December 11, 2002

CLA-2-64: RR: NC: TA: 347 I88579

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.30; 6405.20.90

Ms. Melissa Weiss
BARTHCO
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of footwear from China.

Dear Ms. Weiss:

In your letter dated November 22, 2002, on behalf of your client, Nine West Inc., you requested a tariff classification ruling.

The two submitted samples are described as follows:

Style Name GV - ANGELA, is a woman’s closed-toe, closed-heel, slip-on casual shoe. The shoe has an upper that you state consists of canvas (vegetable fiber), a padded insole, a 1 ½-inch wedge heel and a molded rubber/plastic and textile outsole. You have provided a laboratory report indicating that the textile-walking surface of the outsole accounts for 72.7% of the external surface area in contact with the ground.

Note 4 (b), Chapter 64, Harmonized Tariff Schedule of the United States (HTSUS), states that the constituent material of the outer sole shall be taken to be the material having the greatest surface area in contact with the ground, no account being taken of accessories or reinforcements such as spikes, bars, nails, protectors or similar attachments. The Explanatory Notes to Chapter 64 HTS, offer the term “when in use” to the external surface area of the outer sole determination.

Visual examination of the outer sole indicates that it is composed of unit-molded rubber to which textile fabric has been adhered to the external surface in contact with the ground. This office regards the constituent material of the outer sole to be predominantly of textile material.

The applicable subheading for Style name GV - ANGELA, will be 6405.20.30, 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 there is a line of demarcation between the sole and the upper, and in which the upper, by weight, predominately consists of vegetable fibers such as cotton or flax (lining, accessories and reinforcements not included). The rate of duty will be 7.5% ad valorem.

Style Name GV - ASHLAR, is a woman’s closed-toe, closed-heel slip-on casual shoe. The shoe has an upper that you state consists of consists of stretch “Nuvola” textile fabric, a padded insole, a 1 ½-inch wedge heel and a molded rubber/plastic and textile outsole. You have provided a laboratory report indicating that the textile-walking surface of the outsole accounts for 83.2% of the external surface area in contact with the ground.

Visual examination of the outer sole indicates that it is composed of unit-molded rubber to which textile fabric has been adhered to the external surface in contact with the ground. This office regards the constituent material of the outer sole to be predominantly of textile material.

The applicable subheading for Style Name GV- ASHLAR, 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 upper, by weight, predominately consists of fibers other than vegetable fibers or wool, 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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