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NY 865651

AUGUST 27, 1991

CLA-2- 64:S:N:N3D:346 M 865651


TARIFF NO.: 6406.10.65

Ms. Connie Hagarman
A.W. Fenton
1100 Rarig Avenue
Columbus, Ohio 43219-2312

RE: The tariff classification of a pair of uppers from the Dominican Republic.

Dear Ms. Hagarman:

In your letter dated June 3, 1991, on behalf of your client William Brooks Shoe Company, you requested a classification ruling.

You have submitted two pairs of shoe uppers, style numbers 911-100 and 6920.

Style #911-100 is an unlasted, stitched-together shoe upper. The upper has an external surface of leather and a partially stitched-on bottom made of, you also state, Texon.

We note that you have submitted a component material breakdown which indicates that the external surface of this shoe upper is predominately leather and that in addition, there is no plastic coating present on the leather component parts.

We also note that Style #911-100 is marked SR/USA near the front on the right side of the upper. This, in our opinion, may be a misleading marking. The issue of the legality of such marking should be directed to the Federal Trade Commission's Division of Enforcement for a reply.

It is also our opinion that, with or without the Texon attached, the subject upper is considered other than formed and, therefore, not subject to individual country of origin marking requirements, provided there are no other parts of the finished shoe included in the same shipment. We consider parts classified at importation in HTS 6406, other than "formed uppers", to be substantially transformed in the U.S. It will thus be acceptable for only the cartons to be marked (See CR 135.35).

The applicable subheading for Style #911-100 will be 6406.10.65, Harmonized Tariff Schedule of the United States (HTS), which provides for shoe uppers which are less than "formed uppers" and whose external surface is predominately leather. The duty rate will be 3.7% ad valorem.

With regards to your question concerning the qualification of the subject item under the Caribbean Basis Initiative, it is the opinion of this office that the upper would be considered a product of the Dominican Republic, for the purpose of CBI, based on the information you have provided. According to your figures for Style #911-100, the cost of the manufacturing processes done in the Dominican Republic accounts for 48.4% of the total value of the finished upper. You should discuss with the Commodity Specialist Team, in the port where you will make entry, the records necessary to document eligibility under CBI in your particular case. In general, see CR 10.198.

We are returning your samples as you requested.

Your inquiry does not provide enough information for us to give a classification ruling on Style #6920. The figures (breakdown, by percentages, of component material of the upper) submitted on the footwear form with your request and the sample examined by us, do not correspond. It appears that your breakdown did not accurately account for what components were considered accessories and reinforcements and what components were considered as external surface. Therefore, your request for a classification ruling, for this style, should include a corrected external surface area measurement and be re-submitted.

This ruling is being issued under the provisions of Section l77 of the Customs Regulations (l9 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director
New York Seaport

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