The tariff classification of a bicycle shoe from China

PD G88624 April 12, 2001 CLA-2-64:CO:CH:JJB D10 G88624 CATEGORY: Classification TARIFF NO.: 6402.19.90 Martha Spagnuolo Dash America, Inc. 620 Compton Street Broomfield, Colorado 80020 RE: The tariff classification of a bicycle shoe from China Dear Ms. Spagnuolo: In your letter dated March 27, 2001, you requested a classification ruling of a bicycle shoe from China. You included a sample shoe, designated as the “vapor” style of mountain bike shoe. It has an outer sole of rubber or plastic with rubber or plastic cleats. The sole also has metal fittings so that a cleat can be attached to the bottom of the shoe which allows the shoe to attach to and detach from the pedal of a bicycle. Because of these features, we consider this shoe to be “sports footwear” as defined in the Harmonized Tariff Schedule. The upper of this shoe has an external surface area that is a combination of plastic and textile materials. You supplied a material breakdown of 51% plastic and 49% textile (woven mesh). Assuming that these figures represent the external surface area measurement of the upper and that they are accurate, we will consider this shoe to have an upper whose external surface is predominately of plastic. From our visual examination of the sample shoe, this figure appears to at least be plausible. In a phone conversation with Customs subsequent to this ruling request, you stated that the value of this shoe style at the time of importation will be more that $12 per pair. The applicable subheading for this sample shoe, identified as the “vapor” style, will be 6402.19.90, Harmonized Tariff Schedule of the United States (HTS), which provides for other footwear with outer soles and uppers of rubber or plastics: sports footwear: other than ski-boots, cross-country ski footwear and snowboard boots: other than footwear having uppers of which more than 90 percent of the external surface area is rubber or plastics: valued over $12/pair. The duty rate will be 9%.  This sample shoe is not marked with the country of origin. Therefore, if imported as is, this shoe will not meet the country of origin marking requirements of 19 USC 1304. Accordingly, this shoe will be considered not legally marked under the provisions of 19 CFR 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." The sample shoe is being returned as you requested. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. If you have any questions regarding this ruling, contact Field National Import Specialist James Bruton at 312/983-1132 or National Import Specialist Richard Foley at 212/637-7089. Sincerely, Robyn Dessaure Port Director Chicago, Illinois