The tariff classification of footwear from China

N253189 June 2, 2014 CLA-2-64:OT:RR:NC:1:447 CATEGORY: Classification TARIFF NO.: 6404.11.9020 Ms. Peta-Gaye Bent Jimlar Corporation 350 5th Avenue- 8th Floor New York, NY 10118 RE: The tariff classification of footwear from China Dear Ms. Bent: In your letter dated May 6, 2014, you requested a tariff classification ruling. Two samples of men’s, Frye brand, over-the-ankle, lace-up sneakers, identified as Greene Mid Lace and Ryan Mid Lace, were submitted with your request. The Ryan Mid Lace upper is predominantly a textile material with a rubber or plastics outer sole. The Greene Mid Lace upper is predominantly textile and has a layer of textile material applied to a rubber or plastic outer sole. You contend that the shoes do not possess the general appearance or characteristics associated with that of “athletic” footwear. You suggest classification in 6404.19.9030, Harmonized Tariff Schedule of the United States (HTSUS). We disagree. Although the sneaker does not possess all of the characteristics associated with athletic footwear, it does resemble athletic footwear in construction and styling and will be classified as such. You provided an F.O.B. value over $12.00/pair. The applicable subheading for the Frye brand men’s Ryan Mid Lace athletic shoe will be 6404.11.9020, 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 $12.00/pair: for men: other. The rate of duty will be 20% ad valorem. With regard to the Greene Mid Lace men’s athletic shoe, we are forwarding the sample to the Customs and Border Protection laboratory for analysis of the outer sole regarding the external surface area measurements and durability. You will receive a ruling after the laboratory has forwarded its report to us. 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: STACEY.KALKINES@CBP.DHS.GOV. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division