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NY 851622

CLA-2-64:S:N:N3-D:347-T 851622


TARIFF NO.: 6403.91.60

Mr. Robert D. Stang
Grunfeld, Desiderio, Lebowitz & Silverman Counselors at Law
12 E. 49 St.
New York, NY 10017

RE: The tariff classification of an athletic shoe from Korea.

Dear Mr. Stang:

In your letter dated April 19, 1990, on behalf of your client L.A. Gear, you requested a tariff classification ruling.

The submitted sample is a man's high-top athletic shoe, style #532 W/RY. It has a predominately leather upper, an 8 eyelet U-throat with two separate, color coordinated shoe laces partially laced in, a padded tongue and ankle collar, and two pieced-in side panels consisting of a blue plastic vinyl under a white plastic coated netting. Additionally, it has an EVA midsole and a cemented and stitched on, three color molded rubber/plastic cupsole bottom, the sides of which overlap the shoe's upper by as much as 3/4 inches around most of the shoe's periphery.

We note that a country of origin marking tag has been sewn to the inside of the shoe's tongue, about 3 inches down from the top and along the side seam, a location we consider not sufficiently conspicuous to meet the country of origin marking requirements of 19 U.S.C. 1304. In addition, a plastic "L.A. Gear" hangtag resembling a California license plate, has been affixed to the shoe with a light metal chain. The country of origin marking, "Made in Korea", (as you have clearly indicated on this sample) will also be prominently displayed using 1/8 inch high lettering placed directly below the locality designation "California" on this plastic hangtag.

It is our opinion that the presence of both the attached hangtag marked "Made in Korea" and the not very conspicuously located, sewn-on textile label, also marked "Made in Korea", taken together, do satisfy the country of origin marking requirements of 19 U.S.C. 1304. We would therefore, consider this shoe to be legally marked. Regarding the presence of the two pairs of shoe laces in the instant sample, it is the opinion of the Customs Service that where multiple pairs of laces are imported with one pair of athletic-type shoes which can accommodate, through styling and the use of eyelets, all the pairs of laces simultaneously, and those pairs of laces are of different colors (absent evidence that the laces are intended to be used separately), a presumption is raised that the multiple pairs of laces are intended to be worn simultaneously. The one pair of shoes plus the two pairs of laces constitute a single article for classifi- cation purposes, and no separate visa or quota reporting will be required.

The applicable subheading for the athletic shoe, style #532 W/RY, described above will be 6403.91.60, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's external surface is predominately leather; in which the outer sole's external surface is predominately rubber and/or plastics; which is other than "sports footwear"; in which the top of the upper covers most of the wearer's ankle bone; in which the sole is attached to the upper by a means other than welt stitched construction; and which is larger than children's American size 11 and worn only by males. The rate of duty will be 8.5 percent ad valorem.

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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