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NY K83804




March 11, 2004
CLA-2-64:RR:NC:SP:247 K83804

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.90

Mr. John J. Kenney
Reebok International, LTD
1895 J. W. Foster Boulevard
Canton, MA 02021

RE: The tariff classification of footwear from China

Dear Mr. Kenney:

In your letter dated March 1, 2004 you requested a tariff classification ruling.

The submitted half pair sample that you call the “Pump PSI” and that you have also identified as the “PUMP FURY 2.0 style 1-114461 running shoe,” is a multi-color slip-on shoe, which does not cover the wearer’s ankle. The shoe is of the slip-on type, lacking shoelaces, closure straps or other types of functional closure systems. It is not classified as an “athletic shoe” such as “tennis shoes, basketball shoes, gym shoes, training shoes and the like” for footwear classification purposes because it is a slip-on shoe.

The shoe has a predominately textile material upper which incorporates a self inflating internal air “bladder” that helps to tighten the shoe to the wearer’s foot while walking or running. A clear plastic valve is located on the inner lateral side of the shoe that allows for deflation of the air from the pump bladder mechanism. The shoe also has a rubber/plastic toe portion and a molded rubber/plastic bottom that overlaps the upper at the sole in a wave like pattern, by a height of ¼-inch and more, around most of the shoe’s lower perimeter. We consider this shoe to have a foxing-like band. You state that the shoe will be valued at over $12 per pair.

The applicable subheading for the shoe identified as the “PUMP FURY 2.0 style 1-114461” will be 6404.19.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface is predominately textile materials; in which the outer sole’s external surface is predominately rubber and/or plastics; which is not “athletic” footwear: which is not designed to be a protection against water, oil or cold or inclement weather; which does not have open toes or open heels; which is of the slip-on type and has a foxing or a foxing-like band wholly or almost of rubber or plastics applied or molded at the sole and overlapping the upper; and which is valued over $12.00 per pair. The rate of duty will be 9% ad valorem.

We are returning the sample as you requested.

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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