The tariff classification of footwear from China.

NY J81947 March 25, 2003 CLA-2-64:RR:NC:347:J81947 CATEGORY: Classification TARIFF NO.: 6403.19.40, 6403.19.70 Ms. Susan Morelli Saucony Inc. 13 Centennial Drive Peabody, MA 01960 RE: The tariff classification of footwear from China. Dear Ms. Morelli: In your letter dated March 5, 2003, you requested a tariff classification ruling for three styles of unisex leather sports footwear. You have submitted samples of styles “Stud” OS 95, “Nylon Stud” OS 85 and “Grid Stud” OS 99. You state that the subject footwear have uppers of leather and outer soles of rubber/plastics. The unit molded rubber/plastics outer soles have patterns of “cone” and “rectangular” shaped rubber cleats which protrude from the surrounding sole by approximately ¼ inch. You state that the “cleats” are spaced to provide traction in such sports as football and soccer and that they render the shoe impractical for everyday walking. The shoes are featured in your “Spot-bilt Athletic Shoes” catalog under the heading “Coaching & Officials.” You propose classification as “Sports” footwear in subheading 6403.19.70 Harmonized Tariff Schedule of the United States (HTS) for sizes up to and including American men’s size 8 and 6403.19.40 (HTS) for sizes larger than American men’s size 8. Chapter 64, (HTS) Subheading Note 1. (a) provides: For the purposes of subheadings 6402.12, 6402.19, 6403.19 and 6404.11, the expression “sports footwear” applies only to: footwear which is designed for a sporting activity and has, or has the provision for the attachment of spikes, sprigs, cleats, stops, clips, bars or the like; Skating boots, ski-boots and cross country ski footwear, snowboard boots, wrestling boots and cycling shoes. We agree that styles “Stud” OS 95, “Nylon Stud” OS 85 and “Grid Stud” OS 99 are “sports footwear” for purposes of Chapter 64 (HTS). The shoes are designed for a sporting activity and the molded sole projections satisfy the language of Subheading Note 1. (a), Chapter 64 (HTS). The applicable subheading for styles “Stud” OS 95, “Nylon Stud” OS 85 and “Grid Stud” OS 99 in sizes up to and including American men’s size 8, will be 6403.19.70 (HTS), which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather, sports footwear, other, for other persons other. The general rate of duty will be Free. The applicable subheading in American men’s size 8.5 and larger will be 6403.19.40 (HTS) which provides for the same, for men, youths and boys. The general rate of duty will be 4.3 percent ad valorem. 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, National Commodity Specialist Division