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NY B84125

April 22, 1997

CLA-2-64:RR:NC:TA:346 B84125


TARIFF NO.: 6406.10.9040 ; 6406.99.9000; 5909.00.3000

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
One Trans-Border Drive, PO Box 800
Champlain, NY 12919

RE: The tariff classification of a boot shaft/lining and an insole from China.

Dear Mr. Ralston:

In your letter dated April 2, 1997, on behalf of Genfoot Inc., you requested a classification ruling.

The submitted sample (no style number indicated) is the shaft portion of a child's cold weather boot upper, which has a soft textile fleece-like lining with a completely open bottom, permanently stitched into it at the topline. The entire article is about 6 1/2 inches in height, with the textile shaft portion accounting for about the top 4 1/2 inches of it and only the lining extending out 2 inches further in a foot shape portion. The boot shaft portion has an external surface consisting of a nylon textile fabric, with a nylon textile tongue, 2 pairs of stitched-on, 3/4 inch triangle shaped plastic stays with metal "D-ring" eyelets, and a polyester shoelace of the tubular braided cord type that is laced into the 2 pairs of eyelets. In addition, also submitted, there is a detached but matching size insole, consisting of a 3/16 inch thick layer of man-made textile felt material stitched on top of a layer of stiff paperboard. The insole, which you affirmed via a follow-up telephone conversation with P. Toth of this office, will not be imported in the same shipment as the boot shaft with the stitched-in lining. You also stated, on the phone, that the soft textile boot upper lining material will consist entirely of man-made fibers.

The applicable subheading for this textile boot shaft with the stitched-in, 2 inch longer length fleece-like 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 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; which, since they are "more than" external uppers, are not essentially only of leather or of rubber and/or plastics and contain textile materials that are substantially more essential than any other type of material, excluding the two just named; 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. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for the textile/paperboard insole will be 6406.99.9000, HTS, which provides for parts of footwear, which are not uppers or parts thereof; in which the essential character is not given by either wood, rubber and/or plastics, textile materials, or leather; which are not nails, boot protectors, zippers, ornaments, or trimmings, or, in general, most parts which could be used in articles besides footwear; which are not shinguards or similar protective sportswear; and which are not orthopedic appliances or parts or accessories thereof. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for the shoelace that is laced into the metal "D-ring" eyelets of this boot shaft/lining upper part 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 7.6 percent ad valorem.

The textile boot shaft/lining 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.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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