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February 19, 1999

CLA-2-64:RR:NC:TA:347 D87285


TARIFF NO.: 6406.10.60

Mr. Arthur Danforth
13 Centennial Drive
P.O. Box 6046
Peabody, MA 01960

RE: The tariff classification of unformed uppers made in China.

Dear Mr. Danforth;

In your letter dated January 20, 1999 you requested a classification ruling for three samples of footwear uppers which you state will be made into athletic footwear in your U.S. factory. The styles are designated 1066-2 Women’s GRID Stabil, 1100-1 Women’s 3D Grid Hurricane and 2100-1 Men’s Grid Hurricane. You also state that imports of these articles will be exactly as the samples submitted, open at the bottom, unlasted and unformed. The lasting and other manufacturing will be done at your U.S. factory.

You have submitted measurements of the external surface area for these uppers. You indicate that in making the measurements, no account was taken of accessories or reinforcements as mentioned in Note 4(a) to Chapter 64 of the Harmonized Tariff Schedule of the United States, (HTS). In addition, you have applied the principles of the Hi-Tec decision in your determination of external surface area for these uppers. Your measurements are as follows;

1066-2 69.1% 30.9%
1100-1 57.7% 42.3%
2100-1 62.1% 37.9%

Based upon the accuracy of your measurements, these uppers have external surface areas which are predominantly rubber or plastics. The applicable subheading for these three styles of unformed uppers, style 1066-2, 1100-1 and 2100-1 will be 6406.10.60 (HTS), which provides for parts of footwear, uppers and parts thereof, other than stiffeners, other than formed uppers, other, of rubber or plastics. The rate of duty is Free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter 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 this ruling, contact National Import Specialist, Richard Foley at (212) 466-5890.


Robert Swierupski

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