The tariff classification of footwear from China

N124616 October 15, 2010 CLA-2-64:OT:RR:NC:N4:447 CATEGORY: Classification TARIFF NO.: 6404.11.9050 Ms. Lisa Mikkelsen Inov-8, LLC 10 Southville Road Southborough, MA 01772 RE: The tariff classification of footwear from China Dear Ms. Mikkelsen: In your letter dated September 22, 2010 you requested a tariff classification ruling for what you describe as a unisex “running” shoe. The submitted half-pair sample identified as style name Road-X 233, is a below-the-ankle lace-up “athletic” shoe with an outer sole composed of rubber/plastics. The upper is composed predominately of nylon fabric air mesh (70%), based upon the external surface area measurements provided by you, by percentage, for all component materials. We consider this material to be textile for tariff classification purposes. The textile upper also features a web-like thermoplastic “cage” (20%) that extends upward from the sole and provides both heel and medial and lateral reinforcement. You provided an F.O.B. value of $23.90/pair. Chapter 64, Harmonized Tariff Schedule of the United States, (HTSUS), Additional U.S. Note 2, states:For the purposes of this chapter, the term "tennis shoes, basketball shoes, gym shoes, training shoes and the like" covers athletic footwear other than sports footwear (as defined in subheading note 1 above), whether or not principally used for such athletic games or purposes.In general, this office interprets this note to mean that "athletic" covers not only tennis, basketball, training and gym shoes, but also shoes that are like those named exemplars. We further interpret "like" to mean that which has the same, or nearly the same appearance, qualities or characteristics as the named exemplars. In addition, it is further Customs position that in order for footwear to be classified as athletic footwear in 6404.11 HTSUS, it must be constructed for an activity that requires fast footwork or extensive running. In this regard, we conclude that the shoe looks, functions and has the characteristics of athletic footwear and is designed for running. The applicable subheading for style name Road-X 233, unisex running shoe will be 6404.11.9050, HTSUS, which provides for footwear with outer soles of rubber/plastics, leather or composition leather and uppers of textile materials: tennis shoes, basketball shoes, gym shoes, training shoes and the like: other: valued over $12/pair: for women: other. The rate of duty will be 20% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. The submitted sample is not marked with the country of origin. Therefore, if imported as is, it will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the footwear would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article." 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 Stacey Kalkines at (646) 733-3042. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division