The tariff classification of footwear from China

N140718 January 25, 2011 CLA-2-64:OT:RR:NC:N4:447 CATEGORY: Classification TARIFF NO.: 6402.99.9005 Ms. DeeDee DeSmet Adidas 5055 N. Greeley Avenue Portland, OR 97217 RE: The tariff classification of footwear from China Dear Ms. DeSmet: In your letter dated December 16, 2010 you requested a tariff classification ruling. The sample identified as Article U42911 - adiPure Pro, is a men’s size 9, below the ankle, lace-up athletic shoe. The upper and outer sole are composed of rubber or plastic with a midsole component including what is described as a heel stabilizer and labeled “Part A” on the sample. The unit molded midsole components overlap the upper and is considered a foxing-like band. You provided an F.O.B. value of $23.00 per pair. The applicable subheading for Article U42911 - adiPure Pro will be 6402.99.9005, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with outer soles and uppers of rubber or plastics: other footwear: other: other: footwear which has a foxing or a foxing-like band; footwear which is not designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather; footwear that does not have open toes or open heels and is not of the slip-on type; valued over $12/pair: tennis shoes, basketball shoes, gym shoes, training shoes and the like. 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/. 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