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HQ 085956


January 23, 1990

CLA-2:CO:R:C:G 085956 SR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.3560

Mr. Kamran Pejman
Ann Marino, A Division of New York Transit 2707 McCone Avenue
Hayward, CA 94545

RE: Classification of glass beaded footwear

Dear Mr. Pejman:

This is in reference to your letter dated October 23, 1989, requesting the tariff classification of a glass beaded shoe under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample produced in Hong Kong was submitted.

FACTS:

The merchandise at issue is a glass beaded shoe. The shoe is a woman's high-heeled shoe that has a surface of textile material with decorative patterns of glass beads sewn to the surface. The brand name of the shoe is "Jasmine" and the name of the shoe appears to be "Sweet Sweet".

The inquirer, Ann-Marino Division of NY Transit, states that HRL 084706, dated August 24, 1989, and HRL 085179, dated October 17, 1989, both deal with the same style of merchandise as the shoe at issue. The shoe in HRL 084706 was found to have an external surface area of glass and was classified under subheading 6405.90.9000, HTSUSA, as other footwear. The shoe at issue in HRL 085179 was found to have an external surface area of textile material and was classified under subheading 6404.19.3560, HTSUSA, as footwear with outer soles of rubber or plastics, and uppers of textile.

ISSUE:

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

LAW AND ANALYSIS:

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 on the shoe at issue are merely for ornamentation. The beads are attached in a colorful decorative pattern that is repeated 8 times around the outer surface of the shoe. The decorative beads do not cover the entire surface of the shoe. It is the textile material that makes up the external surface of the shoe.

The inquirer claims that the merchandise at issue in HRL's 084706 and 085179 and the merchandise at issue are the same and should be classified the same way. Although the shoes are all similar, they are not classifiable under the same provisions. The shoe in HRL 084706, importer's style name "Julia", is almost entirely covered by beads with no space in between them. The beads on the external surface of the shoe at issue in HRL 085179, importer's style name "Lucy", are applied in a decorative pattern, as are the beads in the Jasmine shoe at issue. The beads on these two shoes are merely for ornamentation and are not considered to be a part of the external surface area of the shoe.

HOLDING:

The merchandise at issue is classifiable under subheading 6404.19.3560, HTSUSA, as footwear with outer soles of rubber or plastics, and uppers of textile, other, of the slip-on type, that is held to the foot without the use of laces or buckles or other fasteners, the foregoing except footwear having a foxing or
foxing-like band, other, other, for women. The rate of duty is 37.5 percent ad valorem.

Sincerely,

John Durant, Director

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