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NY D81248

August 28, 1998

CLA-2-64:RR:NC:TA:347 D81248


TARIFF NO.: 6402.19.0530

Ms. Junghee Sung
Nike USA, Inc.
One Bowerman Drive
Beaverton, OR 97005

RE: The tariff classification of footwear from Thailand

Dear Ms. Sung:

In your letter dated August 10, 1998 you requested a tariff classification ruling.

The submitted sample, model "#GOM150 Air Access Tri Loop", is, as you state, a man's golf shoe with an all plastic upper, a lace closure and a unit molded rubber/plastic bottom that has numerous removable circular raised plastic cleats on the sole. In addition, you have also submitted a separate sample of this shoe's unit molded rubber/plastic bottom for examination. We note that this shoe bottom has a molded-in sidewall lip feature that we measure to be well under 1/4 inch in vertical height, which encircles and overlaps the upper at the sole on the completed shoe. We do not consider this shoe with this unit molded bottom to have a foxing or a foxing-like band.

The applicable subheading for the men's golf shoe, Nike model #GOM150, will be 6402.19.0530, Harmonized Tariff Schedule of the United States (HTS), which provides for "sports footwear" which are golf shoes; in which the upper's external surface area is over 90% rubber and/or plastics (including any accessories or reinforcements); which does not have a foxing or a foxing-like band; and which is not designed to be a protection against water, oil or cold or inclement weather. The rate of duty will be 6% ad valorem.

We are returning the samples to you, 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 Richard Foley at 212-466-5890.


Robert B. Swierupski

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