The tariff classification of a bowling shoe from China.

N163938 May 13, 2011 CLA-2-64:OT:RR:NC:N4:447  CATEGORY: Classification TARIFF NO.: 6402.99.3145, 6402.99.3165  Ms. Nanette L. DeSanto HH Brown 124 West Putnam Avenue Greenwich, CT 06830 RE:  The tariff classification of a bowling shoe from China.Dear Ms. DeSanto:In your letter dated May 2, 2011 you requested a tariff classification ruling for two styles of bowling shoes.The submitted half-pair samples identified as style B1836-9 “Ricky III” and style B1826-1 “Dexter Raquel IV,” are men’s size 9 and women’s size 6 lace-up bowling shoes, respectively. You state that the uppers of the shoes have an external surface area of over 90 percent rubber or plastics (including accessories or reinforcements). Each outer sole has an external surface area of predominately rubber or plastics and a textile “sliding pad.” The textile sliding pad is a legitimate and essential feature of the sole for this type of bowling shoe, possessing the strength and durability usually required for normal use of an outer sole. The rubber/plastics component of each outer sole consists of two parts, a non-marking material around the shoes rear perimeter and a V-shaped material in the center. Both the rubber/plastics components in their entirety, along with the textile sliding pad, are in contact with the ground when in use and are included in the external surface area of the outer soles’ percentage measurements. The percentage measurement for each outer sole (51.10% for style B1836-9 and 51.14% for style B1826-1), is substantiated by lab analysis reports from Guardian Laboratories, Inc., which have been provided by you and which show rubber/plastics as the constituent material of the outer sole having the greatest external surface area in contact with the ground. Neither shoe has a foxing or a foxing-like band, nor are they 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.  The applicable subheading for “Ricky III” men’s bowling shoe will be 6402.99.3145, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other footwear with outer soles and uppers of rubber or plastics: other than covering the ankle; having uppers of which over 90% of the external surface area (including accessories and reinforcements) is rubber or plastics (except footwear having a foxing or foxing-like band applied or molded at the sole and overlapping the upper and except footwear 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); other: other: other: for men: other. The rate of duty will be 6% ad valorem. The applicable subheading for “Dexter Raquel IV” women’s bowling shoe will be 6402.99.3165, HTSUS, which provides for other footwear with outer soles and uppers of rubber or plastics: other than covering the ankle; having uppers of which over 90% of the external surface area (including accessories and reinforcements) is rubber or plastics (except footwear having a foxing or foxing-like band applied or molded at the sole and overlapping the upper and except footwear 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); other: other: other: for women: other. The rate of duty will be 6% 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