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NY 873666


May 20 1992

CLA-2-64:S:N:N3:D-346 SM 873666

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.15

Mr. Stephen Spraitzar
George R. Tuttle
3 Embarcadero Center, Suite 1160
San Francisco, CA 94111

RE: The tariff classification of fabric/leather Hiking boots from China.

Dear Mr. Spraitzar:

In your letter dated April 17, 1992, for Hi-Tec Sports, you requested a tariff classification ruling.

Four samples were submitted of the "Kings Peak- 50 Peaks", styles 6550-2 (men's) and 6555W-1W (women's).

The Hi-Tec product sheet describes them as follows:

1. Nylon & Suede Upper - for durability and breathable comfort.

2. Extended Toe Bumper - protects and stabilizes the forefoot.

3. Steel Shank - protection and rigidity.

4. Non-Loading Outsole - superior traction without damaging the frail.

5. Dual Density EVA Midsole - cushions the impact of heel strike.

6. TPR Heel Counter - heel strike stability and motion control.

7. Thickly Padded Approach Cut Ankle Collar - for optimum comfort and agility.

8. Plasteel Hardware - superior strength yet remarkably lightweight.

We note that the boots are of cement construction and that there is no protection against water penetrating the long joint between the upper and the top of the EVA midsole along the side.

The applicable subheading for the four samples will be 6404.19.15, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the upper's external surface is predominately textile materials (note that an accessory or reinforcement on top of another material is not part of the upper's external surface but the material hidden underneath is); in which the outer sole's external surface is predominately rubber and/or plastics; which is not "athletic" footwear; in which the upper's external surface is over 50% leather after every leather accessory and reinforcement present is included as part of the upper's external surface; and which is not designed to be a "Protection" against water, oil, or cold or inclement weather. The rate of duty will be 10.5 percent ad valorem.

We note that three of the samples have a large round sticker with "USA" and the shoe size on the sock lining at the heel seat. If this sticker is used for commercial shipments of these shoes, "Made in China" must also be on the heel seat in approximately the same large type size as the "USA".

We also note that the fourth sample is marked only "Made in China", and that this is on a small label on the inside of the tongue 2 1/2 inches from its top edge. This is not sufficiently "conspicuous" so, if that were the only country of origin marking on each shoe in commercial shipments, Customs should refused to release that shipment to you until properly marked.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 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.

Sincerely,

Jean F. Maguire

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