The tariff classification of a bowling shoe from China.

N222069 July 12, 2012 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 June 15, 2012 you requested a tariff classification ruling for two styles of bowling shoes.The submitted half-pair samples identified as “Dexter” styles 6134 and 6133 are men’s and women’s lace-up bowling shoes, respectively. Style 6134 also has a rubber or plastics hook and loop closure strap at the instep which overlaps the lacing. 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 textile “sliding pads” at the forefoot. The textile sliding pad is a legitimate and essential feature of the sole, possessing the strength and durability usually required for normal use of an outer sole. The rubber or 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 or plastics components in their entirety, along with the textile sliding pads, 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 (68.29% for style 6134 and 67.79% for style 6133), is substantiated by lab analysis reports from Guardian Laboratories, Inc., which have been provided by you and which show rubber or plastics as the constituent material of the outer sole having the greatest external surface area in contact with the ground. The lab reports also substantiate that the portion of each molded sole which overlaps the perimeter of the upper by the requisite ¼ of an inch or more is 49.8% for style 6134 and 48.4% for style 6133. Consequently, 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 the men’s bowling shoe, “Dexter” style 6134 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 the women’s bowling shoe, “Dexter” style 6133 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, Thomas J. Russo Director National Commodity Specialist Division