Classification of glass beaded footwear

HQ 084705 August 24, 1989 CLA-2:CO:R:C:G 084705 SR CATEGORY: Classification TARIFF NO.: 6405.90.9000 Ann Marino Division of New York Transit 2707 Mc Cone Avenue Hayward, CA 94545 RE: Classification of glass beaded footwear Dear Sirs: This is in reference to your request for tariff classification of a glass beaded sneaker under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample produced in Hong Kong was submitted. FACTS: The merchandise at issue is a glass beaded shoe. The shoe is a women's sneaker that has a surface of textile material that is almost entirely covered with glass beads. ISSUE: What is the external surface of the upper for classification purposes? LAW AND ANALYSIS: Note 4(a) to chapter 64, HTSUSA, states that the material of the upper shall be taken to be the constituent material having the greatest external surface area, no account being taken of accessories or reinforcements such as ankle patches, edging, ornamentation, buckles, tabs, eyelet stays or similar attachments. The glass beads are more than just accessories or reinforcements. The glass beads are not similar to ankle -2- patches, edging, ornamentation, buckles . . .; they cover almost the entire external surface area of the upper and they are very securely attached. Although some of the textile material can be seen between the beads, the beads must be considered to compose the external surface of the shoe. HOLDING: The merchandise at issue is classifiable under subheading 6405.90.9000, HTSUSA, as other footwear, other, other. The rate of duty is 12.5 percent ad valorem. Sincerely, John Durant, Director Commercial Rulings Division 6 cc A.D. New York Seaport 1 cc Durant 1 cc legal reference