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NY A81021

March 18, 1996

CLA-2-64:RR:NC:TP:346 A81021


TARIFF NO.: 6406.10.9040 ; 5609.00.3000

Ms. Karen Purcell
Sunkyong America, Inc.
110 E. 55 St.
New York, NY 10022

RE: The tariff classification of a textile boot upper shaft with laced-in shoe laces, from China.

Dear Ms. Purcell:

In your letter dated February 29, 1996 you requested a classification ruling.

The submitted sample (no style number indicated) is the shaft portion of a boot upper, approximately 5 inches in height. It has an external surface consisting predominately of a man-made textile material (nylon), a padded 1 inch wide plastic ankle collar, a padded textile tongue and 5 pairs of metal eyelets. Additionally, the sample has a polyester shoelace of the tubular braided cord type laced into 4 pairs of the eyelets.

The applicable subheading for this shaft part of a boot upper 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 with insoles which would cover all or most of the bottom of the wearer's foot; which are other than stiffeners, ornaments, braid, laces (incl. shoe laces), buttons, pompons, or other trimmings, or in general, most parts which could be used in articles besides 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 upper's external surface is 50% or more textile materials after every leather, rubber and plastic accessory and reinforcement present is included as part of the upper's external surface; and in which, of the textile materials present, the man-made fibers weigh more than the cotton fibers, the wool and/or fine animal hair fibers or any other single type of fiber (for uppers, linings, accessories and reinforcements not included). The duty rate will be 8.1 percent ad valorem.

The applicable subheading for the shoelace that is laced into the eyelets on this textile boot shaft will be 5609.00.3000, HTS, which provides for articles of yarn, strip or the like of heading 5604 or 5605, twine, cordage, rope or cables, not elsewhere specified or included, of man-made fibers. The rate of duty will be 8.1 percent ad valorem.

The textile boot shaft falls within textile category designation 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 Part 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 James Sheridan at 212-466-5889.


Roger J. Silvestri

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