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NY 871645

March 18, 1992

CLA-2-64:S:N:N3:D-346SM 871645


TARIFF NO.: 6406.10.9040

Ms. Beverly Feagans
G.S. Engers & Company
333 Richmond Street
El Segundo, CA 90245

RE: The tariff classification of a boot lining and pellets of TPR from Taiwan.

Dear Ms. Feagans:

In your letter dated February 11, 1992, received here February 21, 1992, for Amtrail, Inc., you requested a tariff classification ruling.

Regarding the pellets of "Thermal Plastic Resin" to be used in the injection molding of the soles in the United States, we are returning your request for a classification ruling, and any related samples, exhibits, etc., because of non-conformity with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). Additional information is required as indicated below:

1) the chemical composition, including the Chemical Abstract Service number (CAS number) for this product.

2) a minimum of eight (8) dumbbell-shaped test specimens to ascertain whether or not additional U.S. Note #1 (copy attached) to Chapter 39 is applicable.

When this information is available, you may wish to consider resubmission of this part of your request.

If you have any questions concerning these requirements, please contact National Import Specialist C. Reilly. His telephone number is 212-466-5770.

Regarding the boot "lining", it is made of two textile pieces, a fairly thick pile fabric laminated to a knit backing fabric and a flimsy, knit sock-lining/underfoot, which are stitched together. You indicate that all the fibers used are nylon.

It is clear to us that this item is essentially a warm lining for the "foot portion" of the boot and that the "underfoot" is present primarily to hold the pile lining in place during the injection process.

The applicable subheading for the boot "lining" will be 6406.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for shoe uppers or the parts thereof, which are less than formed uppers; which are other than stiffeners, ornaments, braid, laces (including shoe laces), buttons, pompoms or other trimmings, or in general, most parts which could be used in articles besides footwear; which, if parts of uppers, are essentially of textile materials; and in which, of the textile materials present, the man-made fibers weigh more than the cotton fibers, the wool and/or fine animal fibers or any other single type of fiber. The rate of duty will be 9 percent ad valorem.

Your liner falls within textile category designation 669. Based upon international textile trade agreements, products of Taiwan may be subject to visa/quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs Office.

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.


Jean F. Maguire
Area Director

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