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HQ 084705

August 24, 1989

CLA-2:CO:R:C:G 084705 SR


TARIFF NO.: 6405.90.9000

Ann Marino Division of New York Transit
2707 Mc Cone Avenue
Hayward, CA 94545

RE: Classification of glass beaded footwear

Dear Sirs:

This is in reference to your request for tariff classification of a glass beaded sneaker under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample produced in Hong Kong was submitted.


The merchandise at issue is a glass beaded shoe. The shoe is a women's sneaker that has a surface of textile material that is almost entirely covered with glass beads.


What is the external surface of the upper for classification purposes?


Note 4(a) to chapter 64, HTSUSA, states that the material of the upper shall be taken to be the constituent material having the greatest external surface area, no account being taken of accessories or reinforcements such as ankle patches, edging, ornamentation, buckles, tabs, eyelet stays or similar attachments.

The glass beads are more than just accessories or reinforcements. The glass beads are not similar to ankle
patches, edging, ornamentation, buckles . . .; they cover almost the entire external surface area of the upper and they are very securely attached. Although some of the textile material can be seen between the beads, the beads must be considered to compose the external surface of the shoe.


The merchandise at issue is classifiable under subheading 6405.90.9000, HTSUSA, as other footwear, other, other. The rate of duty is 12.5 percent ad valorem.


John Durant, Director

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