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NY 815578

November 01, 1995

CLA-2-64:R:N3:346 815578


TARIFF NO.: 6406.10.30

Mr. Paul Lietner
Continental Agency inc.
135 Brea Canyon Rd.
Walnut, CA 91789

RE: The tariff classification of a textile upper with a shoe lace, from China.

Dear Mr. Lietner:

In your letter dated October 3, 1995, on behalf of Sunrora (USA) Inc., you requested a classification ruling.

The submitted sample, no style identification indicated, is an all cotton textile athletic shoe upper with a completely closed bottom, which incorporates a six eyelet lace closure that includes a laced in flat woven textile shoe lace with plastic ends. It is noted that the tongue has the words "P.F.Flyers", which is a registered trademark with the U.S. Customs Service and authorization from the trademark holder to import this item may be required prior to release from Customs' custody.

The bottom was closed by stitching on a relatively thick, non-woven fabric underfoot. In both the toe area and the back, the external upper material does not go down to the lasting allowance; only the lining does. These thin cavities under the toe piece and the outside back counter are filled in with some kind of paperboard product, cut to the appropriate shape and apparently impregnated with glue and plastic, which have been shaped around the toe and back. These two pieces give the upper noticeably more of its finished shape than it would have if the upper were made by simply stitching together the fabric pieces of the upper.

The applicable subheading for this textile shoe upper will be 6406.10.30, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of footwear(including uppers whether or not attached to soles other than outer soles); which are uppers and parts thereof, other than stiffeners; which are "formed" uppers of textile materials; and which are valued, we presume, over $3.00 but not over $6.50 per pair. The duty rate will be 84.6 cents per pair plus 35.2 percent ad valorem.

The applicable subheading for the shoe lace, if it is cotton, will be 6307.90.5010, HTS, which provides for other made up articles...Other...footwear lacings of cotton. The duty rate will be 7.1 percent ad valorem. The cotton shoe lace falls within textile category designation 369.

The applicable subheading for the shoe lace, if it is other than cotton, will be 6307.90.5020, HTS, which provides for other made up articles...Other...footwear lacings, other. The duty rate will be 7.1 percent ad valorem. This shoe lace falls within textile category designation 669.

The instant shoe lace fall either within textile category designations 369 or 669. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist J. Sheridan at 212-466-5889.


Roger J. Silvestri

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