The tariff classification of waterproof footwear from China.

NY J85329 June 13, 2003 CLA-2-64:RR:NC:TA:347 J85329 CATEGORY: Classification TARIFF NO.: 6401.92.90 Ms. Nohemy Valdivieso Nohemy Customs Broker 11222 La Cienega Blvd. Ste. 135 Inglewood, CA 90304 RE: The tariff classification of waterproof footwear from China. Dear Ms. Valdivieso: In your letter dated May 29, 2003, on behalf of Liberty Glove & Safety Co., you requested a tariff classification ruling. The submitted half pair sample, identified by you as Style #155006, is a molded waterproof boot, approximately 16-inches high. You state that this waterproof boot has a “100% PVC” upper and outer sole. We note that this one-piece molded polyvinyl chloride plastic boot covers the ankle but does not cover the knee, is the slip-on type without closures and has been assembled entirely by a molding or cementing process. We also note that this boot has a textile material inner lining that is not made of polyvinyl chloride. The applicable subheading for this boot, identified as Style #155006, will be 6401.92.90, Harmonized Tariff Schedule of the United States (HTS), which provides for waterproof footwear with soles and uppers of rubber or plastics, not assembled by stitching, riveting, nailing, screwing, plugging or similar processes (but may be assembled by ways other than those mentioned such as by molding or cementing); in which the upper is attached to the sole or midsole by a “molding” process (note that vulcanization is a type of molding); in which all the significant pieces of the upper are joined to each other by a “molding” process or cementing; which does not have a protective metal toe-cap; which covers the wearer’s ankle but not the knee; and which is lined or supported by material other than polyvinyl chloride. The rate of duty will be 37.5% ad valorem. We are returning the sample 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 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