The tariff classification of footwear from China

NY J89754 October 29, 2003 CLA-2-64:RR:NC:SP:247 J89754 CATEGORY: Classification TARIFF NO.: 6404.11.90 Mr. Gerald Williams Harry F. Long, Inc. P.O. Box 905 631 North Central Ave. Wood Dale, IL 60191 RE: The tariff classification of footwear from China Dear Mr. Williams: In your letter dated October 6, 2003 you requested a tariff classification ruling. The submitted samples are two pairs of men’s athletic-type shoes that do not cover the wearer’s ankle. You have identified the shoes as “Men’s Running Element Wide, Style #5113” and “Men’s Running Vision, Style #5109.” Both shoes have predominately textile mesh fabric upper external surface areas with some plastic surface area materials at the toes and around the rear heel quarters, lace closures, padded textile tongues, and cemented-on molded rubber/plastic bottoms/soles. You have provided this office with a follow-up fax report, which indicates that both these shoes will be valued at over $12 per pair. Therefore, the applicable subheading for both these ”Running” shoes, identified as “Style #5113” and “Style #5109” will be 6404.11.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface is predominately textile materials (excluding accessories and reinforcements); in which the outer sole’s external surface is predominately rubber and/or plastics; which is “athletic footwear”; and which is valued over $12.00 per pair. The rate of duty will be 20% ad valorem. We are returning the samples 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