The tariff classification of a shoe from China

PD D85234 December 9, 1998 CLA-2-64:NO:CO:FNIS:D09 D85234 CATEGORY : Classification TARIFF NO.: 6403.99.90 Joanne Balice, Import Department CBI Distributing Corp. 2400 W. Central Road Hoffman Estates, IL 60195-1930 RE: The tariff classification of a shoe from China Dear Ms Balice: In your letter dated November 16, 1998, you requested a tariff classification ruling. You submitted one sample which you call Style 16777 (332117) sneaker. You state that the fabric of the upper is suede leather. You gave us no other information. Visual observation indicates that the predominant material of the upper is probably the suede leather and for the purpose of this ruling we will assume this to be correct. However, we note the shoe contains a large area of rubber in the toe area, a rubber heel cap and rubber stripe reinforcements on the side as well as a textile trim around the collar. Therefore, the above may be subject to verification at the time of entry at the port of importation. The shoe has a thick rubber sole measuring approximately one inch in the toe area graduating to two inches at the heel. The applicable subheading for the above shoe will be 6403.99.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's external surface is predominately leather and the outer sole's external surface is predominately rubber and/or plastics; which is other than "sports footwear"; in which the top of the upper is below the top of the wearer's ankle bone; in which the sole is attached to the upper by a means other than welt stitched construction; which is unisex and which is valued over, we assume, $2.50 per pair. The rate of duty will be 10%. 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. Sincerely, Allen H. Paterson Port Director New Orleans, LA