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NY N011717




June 19, 2007

CLA-2-90:RR:NC:N1:105

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.8085

Ms. Eleanore Kelly-Kobayashi
Rode & Qualey
55 West 39th Street New York, NY 10018

RE: The tariff classification of a shoe size measuring mat from China

Dear Ms. Kelly-Kobayashi:

In your letter dated May 22, 2007, for Deckers Outdoor Corporation, you requested a tariff classification ruling. A sample was provided.

You state:
“The sample article is a mat that measures approximately 27 inches by 27 inches and is composed of recycled ethylene vinyl acetate (EVA). The Simple Shoes mat is used to measure the shoe size of both women and men. The mat is printed with the outlines of feet equal to women’s sizes 5 through 12 and men’s sizes 7 through 15. In order to determine the correct shoe size, a person puts his or her foot against the outline of the foot printed on the mat. The mat will be given free to retail shoe stores as a promotional item.”

You propose classification in HTSUS 3926.90.98. However, Note 2-r to HTSUS Chapter 39 excludes the Articles of Chapter 90.

The applicable subheading for your sample will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. The rate of duty will be 1.7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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