The tariff classification of footwear from China

NY K85538 May 18, 2004 CLA-2-64:RR:NC:SP:247 K85538 CATEGORY: Classification TARIFF NO.: 6402.99.80 Mr. Denni Awana Inter-Orient Services 1455 Monterey Pass Road, Suite #205 Monterey Park, CA 91754 RE: The tariff classification of footwear from China Dear Mr. Awana: In your letter dated April 20, 2004, on behalf of Circle Athletics, Inc., you requested a tariff classification ruling. The two submitted half pair samples of sneaker-like bowling shoes, identified as “Item CAMAW” for men and “Item CAWAW” for women. Both these shoes have rubber/plastic uppers, lace closures, padded tongues and uppers that do not cover the wearer’s ankle. The shoes also have unit molded rubber/plastic bottoms that overlap their respective uppers at the sole by a vertical height of over ¼-inch, all around the shoe’s lower perimeter. We consider both these shoes to have foxing-like bands. In addition, both submitted shoes have outer soles consisting of a non-woven textile material “slider” forward portion and a rubber/plastic middle and rear portion, with rubber/plastics being the constituent material of the outer sole that is mostly in contact with the ground. Based on HTS Chapter 64, Note 4 (b), the constituent material of the outer sole shall be taken to be the material having the greatest surface area in contact with the ground, which for both these shoes is rubber/plastics. You have informed this office by phone, that both these shoes will be valued at over $6.50 but not over $12 per pair. The applicable subheading for the two bowling shoes, identified as Item CAMAW for men and Item CAWAW for women, will be 6402.99.80, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s and the outer sole’s external surface is predominately rubber and/or plastics; which is not “sports footwear”; which does not cover the ankle; in which the upper’s external surface area measure over 90% rubber or plastics (including any accessories or reinforcements), but which has a foxing-like band; which is not designed to be a protection against water, oil, or cold or inclement weather; and which is valued over $6.50 but not over $12 per pair. The rate of duty will be 90 cents per pair plus 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