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NY I89025




December 19, 2002

CLA-2-64:RR:NC:TA:347 I89025

CATEGORY: CLASSIFICATION

TARIFF NO. 6404.19.80

Mr. Eric Hale
Nike USA, Inc.
One Bowerman Drive
Beaverton, OR 97005

RE: The tariff classification of footwear from Thailand.

Dear Mr. Hale:

In your letter dated December 3, 2002 you requested a classification ruling for a girl’s running shoe. You have submitted a footwear sample identified as “Nike style 306652-441, Diego Runner Slip, Girl’s running shoe.” The shoe has an athletic rubber/plastics outer sole which overlaps the upper and is a foxing or foxing-like band and an upper composed primarily of textile material. The shoe does not cover the ankle and is a “slip-on” with a “gore” strip at the throat. As you know, subheading 6404.11, Harmonized tariff Schedule of the United States (HTS) provides for footwear with outer soles of rubber or plastics and uppers of textile materials, sports footwear; tennis shoes, basketball shoes, gym shoes, training shoes and the like. Generally, running shoes are classified in this subheading under the term “athletic” footwear. However, “athletic” footwear usually does not include “slip-on” type footwear without a traditional closure system. In this regard, this item is not “athletic” footwear. You have provided a value of $11.12/pair.

The applicable subheading for “Nike style 306652-441, Diego Runner Slip, Girl’s running shoe.” will be 6404.19.80, (HTS) which provides for footwear with outer soles of rubber or plastics and uppers of textile, other, other. Valued over $6.50 but not over $12/pair. The rate of duty will be 90 cents per pair plus 20 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 this ruling letter 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 this ruling, contact National Import Specialist, Richard Foley at (212) 637-7089.

Sincerely,

Robert Swierupski
Director,

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