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NY L85739




June 27, 2005

CLA-2-64:RR:NC:SP:247 L85739

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.99.90

Ms. Kathleen Howden
Barinco International Corp.
5777 W. Century Blvd.
Suite 990
Los Angeles, CA 90045

RE: The tariff classification of footwear from China

Dear Ms. Howden:

In your letter dated June 15, 2005, on behalf of Genfoot Inc., you requested a tariff classification ruling for four half pair samples of women’s athletic-type shoes, identified as style “Gambler RR2749-SAG,” style “Sinister RR2697MGR,” style “Octane RR2715-SAG” and style “Octane LA RR2753-SAG.”

The three women’s athletic-type shoes, identified as style “Gambler RR2749-SAG,” style “Sinister RR2697MGR,” and style “Octane RR2715-SAG” all have leather uppers with lace closures, padded textile material tongues and rubber/plastic outer soles. They all have upper’s that do not cover the wearer’s ankle and we will presume that all three will be valued over $2.50 per pair.

The applicable subheading for the three women’s shoes, identified as style “Gambler RR2749-SAG,” style “Sinister RR2697MGR,” and style “Octane RR2715-SAG” will be 6403.99.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with upper’s predominately of leather and outer soles of rubber, plastics or composition leather; which is not “sports footwear”; which does not cover the ankle; which is valued over $2.50 per pair; for other persons. The rate of duty will be 10% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the women’s shoe identified as style “Octane LA RR2753-SAG.” Your request for a classification ruling for this shoe should include an accurate external surface area percentage measurement as a total of all the leather and textile materials that are present on the surface of this shoe (excluding the tongue and laces). We suggest that you obtain an independent lab measurement for accuracy. 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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