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NY A81188

April 11, 1996

CLA-2-64:RR:NC:TP:346 A81188


TARIFF NO.: 6406.10.6500

Ms. Cathy Schleiger
A.W. Fenton Co., Inc.
P.O. Box 360614
Columbus, OH 43236-0614

RE: The tariff classification of a leather upper with a shoe lace, from the Dominican Republic.

Dear Ms. Schleiger:

In your letter dated February 27, 1996, on behalf of Rocky Shoes and Boots Co., you requested a classification ruling.

The submitted sample, you advise is Style #7540, is an unlined leather casual shoe upper, which features a front lace closure consisting of two pairs of metal eyelets and two pairs of metal D-rings, and which also includes a laced-in, flat woven, textile shoe lace with plastic ends. In addition, this upper has a stitched-on, relatively thick, non-woven fabric underfoot, with a punched out, elongated elliptical opening, approximately 2 1/2 inches long by 3/4 inches wide, located in the area under the heel.

The applicable subheading for this leather shoe upper will be 6406.10.6500, 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 less than formed uppers with insoles which would cover all or most of the wearer's foot; which are not stiffeners, boot protectors, ornaments, laces (including shoe laces), buttons, pompons, or other trimmings, or, in general, most parts which could be used in articles besides footwear; and in which the upper's external surface is predominately leather (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). The rate of duty will be 2.2 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 6.3 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 6.3 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 the Dominican Republic are subject to 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.

We are returning the sample as you requested.

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 J. Sheridan at 212-466-5889.


Roger J. Silvestri

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