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NY K85466




May 18, 2004
CLA-2-64: RR: NC: SP: 247 K85466

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.60; 6404.11.60

Mr. Matthias Gartner
Prima Group Traders Inc.
10080 NW 53rd St.
Sunrise, FL 33351

RE: The tariff classification of footwear from China.

Dear Mr. Gartner:

In your letter dated April 15, 2004, you requested a tariff classification ruling.

The submitted five samples are described as follows:

Style # PGTALLG4487-01, is a closed-toe, closed-heel, athletic-like shoe that does not cover the ankle. The shoe has a rubber/plastic upper, a padded tongue & insole, a six-eyelet lace closure and a cemented-on unit molded rubber/plastic outsole, the sides of which overlap the upper at the sole by ½-inch or more all around the shoe. This shoe has a foxing-like band. You also indicate that the price of the footwear will be under $3.00 pair.

The applicable subheading for Style # PGTALLG4487-01, will be 6402.99.60, 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 and/or plastics; which is not “sports footwear”; which does not cover the ankle; in which the upper’s external surface area measures over 90% rubber or plastics (including any accessories or reinforcements); which has a foxing or a foxing-like band, applied or molded at the sole and overlapping the upper; which is not designed to be a protection against water, oil, or cold or inclement weather; and which is valued not over $3.00 per pair . The rate of duty will be 48% ad valorem.

Style # PGTALLG4488-01, is a closed-toe, closed-heel, athletic-like shoe that does not cover the ankle. The external surface area of the upper consists of functionally stitched together textile, leather and rubber/plastic component materials. Visual examination of the external surface area upper indicates that it is predominately textile material. The shoe also has a five-eyelet lace closure, a padded insole & tongue and a rubber/plastic outsole. You also indicate that the price of the footwear is over $3.00 per pair.

The applicable subheading for Style # PGTALLG4488-01, will be 6404.11.60, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface is predominately textile materials (excluding accessories and reinforcements); in which the outer sole’s external surface is predominately rubber and/or plastics; which are affixed to the upper exclusively with an adhesive; which is “athletic footwear”; which does not have a foxing-like band; which does not overlap the upper other than at the toe or heel and which is valued over $3.00 but not over $6.50 per pair. The rate of duty will be 37.5% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on Style #’s PGTSEAHYB2313, PGTSEAHF292A and PGTQUAS3370. Please submit the additional information indicated below:

Please provide an accurate external surface material percentage breakdown of the materials that make up the surface of the upper(s). Classification of the shoe(s) is/are dependent upon the component material having a greater percent than any other single type of material of the external surface area of the upper. We suggest a laboratory analysis to provide accurate percentages of all component materials present.

We also note that the submitted samples are not marked with the country of origin. Therefore, if imported as is, the footwear submitted will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the footwear would be considered not legally marked under the provisions of 19 C.F.R 134.11 which states “every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit.”

We are returning your samples as requested.

When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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