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NY F86713

May 11, 2000

CLA-2-64:RR:NC:TA:347 F86713


TARIFF NO.: 6406.10.9040 ; 5609.00.3000

Mr. Gordon C. Anderson
C. H. Robinson International, Inc.
5995 Opus Parkway, Suite 201
Minnetonka, MN 55343-9058

RE: The tariff classification of a textile boot upper shaft with laced-in shoelaces, from China.

Dear Mr. Anderson:

In your letter dated May 1, 2000, on behalf of LaCrosse Footwear, Inc., you requested a tariff classification ruling.

The submitted sample, identified as “Blip Black/Black L.L. Bean, Stock #77836”, is the nylon textile fabric shaft portion of a boot upper, which is approximately 7-inches in height. This boot shaft partial upper also has a sewn-in textile bootie liner, which extends about 2 inches out from the underside of the external upper shaft surface, and this liner’s bottom has a partially stitched-on paperboard insole. In addition, the sample has a polyester shoelace of the tubular braided cord type laced into two pairs of textile strap eyelets on its external surface at the instep and a second cinch-type shoelace inserted through its topline. You state that that this textile boot shaft upper part with its textile bootie liner and attached, or semi-attached paperboard insole will eventually become a finished, child’s sized cold weather boot, when a molded rubber/plastic foot portion bottom is sewn-on after importation into the U.S. You have provided a sample of a finished version of a child’s winter boot with a similar textile shaft upper, for reference purposes only.

It is the determination of this office that based on factors such as bulk, quantity, weight or value, the essential character of this sample boot upper part is imparted by its textile fabric components. It is also the determination of this office that the single polyester cinch lace inserted into the topline of this boot shaft constitutes a “composite good” and should be classified together with this both shaft upper part. This cinch lace, while removable, is not intended to be removed, since reinsertion into the topline is difficult. On the other hand, the tubular braided cord type shoelace, laced into the two pairs of textile strap eyelets, can be easily removed and replaced. Partial uppers such as this sample are often imported without laces inserted and standard laces like this one, are continually being imported separately in large quantities, for use in many types of footwear. We, therefore, cannot consider this simply laced in shoelace and this boot upper part to be “composite goods” because they are not specially adapted to each other, and together they do not form a whole which would not normally be offered for sale in separate parts. Furthermore, at the time of importation, the laced-in shoelace also cannot be classified with the boot shaft upper as part of a set, because as imported, the instant upper and lace are not suitable for sale directly to users. As you have stated, it must still be finished with a molded rubber/plastic bottom and in other ways made ready before retail sale can take place (HRL #958739, dated 9/16/96).

The applicable subheading for this sample textile partial boot upper with a permanently stitched-in textile liner and stitched-on insole board, and a topline cinch lace, will be 6406.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of footwear, uppers and parts thereof, which are less than formed uppers, other than stiffeners, other, other, of textile materials other than cotton, of man-made fibers. The rate of duty will be 6.3% ad valorem.

The applicable subheading for the shoelace that is laced into the eyelets on this textile boot shaft upper 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 6.3% ad valorem.

The textile boot upper part 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

We are returning the samples 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 212-637-7089.


Robert B. Swierupski

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