The tariff classification of footwear from China.

NY K83065 February 23, 2004 CLA-2-64: RR: NC: SP: 247 K83065 CATEGORY: Classification TARIFF NO.: 6404.20.40 Ms. Maria E. Julia Newport News, Inc. 711 Third Avenue, (4th Floor) New York, NY 10119 RE: The tariff classification of footwear from China. Dear Ms.Julia: In your letter dated February 09, 2004, you requested a tariff classification ruling. The submitted half pair sample identified as Style / Item # F04-09-010, is a woman’s closed-toe, open-heel fashion shoe. The shoe has a textile material upper that consists of a closed toe-box and four variable width straps, which crisscross over the middle of the vamp. The shoe also has a padded insole, a 3 ½-inch tall ankle strap with a 1-inch wide & 17 ½-inch long textile ribbon tie, a textile wrapped 3 ½-inch plastic high heel with a plastic heel tip and a leather outsole. You have provided component weight percentage breakdown figures, indicating that the total weight of all the textile, rubber and plastic components in this shoe is equal to 44 % of the weight of the shoe, and also that the weight of all rubber and plastic components is equal to 27 %. Classification of this shoe is based on the accuracy of these submitted component weight breakdown figures and they will be subject to verification by Customs and Border Protection, at the time of actual importation at the ports of entry. The applicable subheading for this woman’s shoe, identified as Style / Item # F04-09-010, will be 6404.20.40, 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 leather or composition leather; which is, by weight, not over 50% as a total of textile material, rubber and plastics; and which is valued over $2.50 per pair. The rate of duty will be 10% 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