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NY D80815

August 18, 1998

CLA-2-64:RR:NC:TP:347 D80815


TARIFF NO.: 6402.19.15

Mr. Stephen S. Spraitzar
George R. Tuttle
Three Embarcadero Center, Suite 1160
San Francisco, CA 94111

RE: The tariff classification of three sports shoes from China.

Dear Mr. Tuttle:

In your letter dated August 3, 1998, written on behalf of your client, Asics Tiger Corporation, you requested a tariff classification ruling.

You have submitted samples for three pairs of what you refer to as interchangeable baseball/softball shoes. You state that style #KN701 (GEL-CLAW) is a men's shoe, style #KN750 (GEL-CLAW MT) and style #KN751 (GEL-CLAW) are women's shoes. You state that all three shoes are made up of rubber soles which include cleats and uppers which are over 90% rubber or plastic. You have also provided lab reports which indicate that the amount of overlap of the upper by the sole for all three shoes, which is greater than 1/4-inch, amounts to 35.13% for #KN701, 34.95% for #KN750 and 34.55% for #KN751 of the total perimeter of each shoe. In this regard, we agree that these shoes do not possess foxing-like bands.

The shoes submitted are considered "sports footwear" for tariff purposes as enumerated in Chapter 64, subheading note 1.(a), Harmonized Tariff Schedule of the United States, (HTS). The applicable subheading for all three shoes will be 6402.19.15, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the upper and outer sole's external surface is predominately rubber and/or plastics, which is "sports footwear," in which the upper's external surface is over 90% rubber and/or plastics after every accessory and reinforcement present is included as part of the upper's external surface, which does not have a foxing or foxing-like band, which is not designed to be a protection against water, oil, grease or chemicals or cold or inclement weather, which is other than golf footwear. The rate of duty will be 5.3% ad valorem.

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 Richard Foley at 212-466-5890.


Robert B. Swierupski

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